Former Ports of Auckland boss Tony Gibson has been found guilty of failing to comply with health and safety regulations, putting port workers at risk of death or serious injury.
The 69-year-old appeared in court earlier this year on two charges related to the death of port worker Pala’amo Kalati in August 2020.
The stevedore, a 31-year-old father of seven, was working a night shift when a container fell on top of him and killed him.
A Maritime NZ investigation led to several charges being laid against the company and Gibson who was chief executive of Ports of Auckland (POAL) at the time.
Tony Gibson was charged in the wake of Pala’amo Kalati’s death in August 2020. (Source: 1News)
Gibson’s two charges were laid in the alternative, meaning he could be guilty of one or the other but not both. One charge said his actions exposed workers to a risk of death or serious injury, while the alternative charge did not allege that the failure exposed any workers to a risk of death or serious injury.
Gibson had pleaded not guilty.
He told the court at an appearance earlier this year that health and safety was a “core part” of the business while he was chief executive from February 2011 to the end of June 2021.
In a judgement released today, Judge Steve Bonnar found Gibson was guilty of one charge raised under the Health and Safety at Work Act (HSWA); the charge that alleged Gibson had failed to comply with his duty under the act to exercise due diligence, and therefore exposed the port workers to a risk of death or serious injury.
In the 146 page judgment, Bonnar concluded that Gibson was “ultimately responsible for health and safety” and he was required to exercise systems leadership. He ruled Gibson should have been aware of the need for improvement of the monitoring of the night shift, but that in failing to address associated shortfalls failed in his duty.
“I am satisfied beyond reasonable doubt that Mr Gibson’s breach of his duty … made it materially more likely that POAL would breach its duty of care to ensure that stevedores were not exposed to the risk of death or serious harm. His failure thereby exposed the stevedores to the risk of death or serious harm by being struck by objects from operating cranes.”
The Maritime NZ prosecution is the first of its kind against a chief executive related to a workplace death. It comes under health and safety laws that were put in place following the Pike River mine disaster, designed to ensure senior staff could be held to account when workers were exposed to serious risk of injury or death.
POAL had pleaded guilty earlier to two charges related to Kalati’s death and was fined more than $500,000.
Maritime NZ director Kirstie Hewlett said she hoped the decision helped bring closure for Kalati’s loved ones and the surviving victim, as well as clarity to the health and safety role of senior officers in large companies.
“I want to extend our deepest sympathies to Mr Kalati’s family, loved ones and colleagues, and also to the other victim who was working closely with Mr Kalati at the time.”
She said it’s hoped the result will provide clarification around the obligations of those in charge and help prevent future tragedies.
“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 of the port, and taking into account the broader public interest.”
It said Maritime NZ would now take time to consider the judgment and to see if Gibson would appeal, and would therefore not comment further at this time.
