FORMER Port of Auckland chief executive Tony Gibson has been found guilty in a New Zealand court on health and safety charges following the death of a stevedore in 2020.

Pala’amo Kalati was killed at the port in August 2020 when a container fell on him. The port was handed a NZ$500,000 ($294,000) fine in 2023 after pleading guilty to two charges under the Health and Safety at Work Act, the New Zealand Herald reported.

But Maritime NZ then brought individual charges against Gibson, who was chief executive of the port at the time of Kalati’s death, again under the Health and Safety at Work Act 2015.

Judge Bonnar found that by failing to exercise due diligence to ensure that the port complied with its duties under HSWA, Gibson exposed stevedores to a risk of death or serious injury, namely, the risk of being struck by objects falling from operating cranes.

Bonnar did, however, stress that there were others that could have intervened to prevent the risk of an accident, the New Zealand Herald reported,

Gibson was found guilty of two charges pertaining to the Health and Safety at Work Act, while a third charge was dismissed. He could face a fine of up to NZ$300,000, but may yet appeal the decision.

Maritime NZ Director Kirstie Hewlett said she hoped the decision would bring closure to Kalati’s family.

“It is important to recognise that many officers in New Zealand take health and safety seriously and that this case was only taken after considering the harm caused, the compliance history on the port, and taking into account the broader public interest.

“As with any case it is important to understand the facts are specific to the case and what a reasonable chief executive would do in that situation,” she said.

Maritime Union of New Zealand National Secretary Carl Findlay said the conviction “sends a message that workers lives mean something, and that highly paid decision makers are accountable for their decisions.

“We hope other senior managers and board members reflect and gain insight into the effect on innocent working people when health and safety is not prioritised.”

Maritime NZ noted that this is the first time an officer of a large company, such as Port of Auckland, has been charged under the Health and Safety at Work Act.

New Zealand law firm MinterEllisonRuddWatts said the decision “sets a clear precedent that officers (including chief executives) at large complex organisations may be held liable for breaches of their due diligence obligations, notwithstanding the fact that they are typically operating at a greater remove from ‘work as done’ than officers at smaller, closely held organisations”.

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