Health And Safety Obligations Highlighted In Sentencing Of Former Port Chief Executive

A chief executive who oversaw the Port of Auckland for more than a decade has been sentenced today (21 February) in a significant case in relation to a 2020 fatal incident at the port.

In November last year, Judge Bonnar KC in the District Court at Auckland released a decision finding Tony Gibson guilty of one Health and Safety at Work charge, after stevedore Pala'amo Kalati was killed in August 2020.

This is the first time in New Zealand an officer of a large company has been convicted of a breach of their due diligence duty.

The Judge’s decision is seen as one that clarifies legislative health and safety obligations for officers of large companies.

Maritime NZ Director, Kirstie Hewlett, says people are at the centre of prosecutions such as this, and Mr Kalati’s family, will forever feel the impact of what occurred at the Port of Auckland nearly four and a half years ago.

"Our thoughts continue to go out to Mr Kalati’s family, friends, as well as those also impacted by this tragic incident, including the other surviving victim.

"This has not been a quick process, and we fully understand how difficult the ongoing proceedings against the Port and Mr Gibson would have been for those close to Mr Kalati, and the other victim," says Ms Hewlett.

The District Court found that, as the chief executive of Port of Auckland, Mr Gibson did not exercise his due diligence responsibility for ensuring that the Port complied with its health and safety responsibilities.

"This was a serious departure from the duty of care he should have provided to the workers at the port as the senior officer in charge (the chief executive).

"Mr Gibson had the knowledge, influence, resources and opportunity to address safety gaps and ensure that appropriate systems were in place at the port, but failed to do so," Ms Hewlett says.

During his more than a decade managing it, the port company was convicted of several offences under health and safety legislation. These past incidents resulting in fatalities and serious injuries.

Mr Gibson knew of safety issues raised around the critical risks that could hurt people on the Port, but did not take timely action to address them, even though it was in his control and influence to do so.

It is hoped this case will serve as a strong reminder to chief executives of large companies that they need to understand the critical risks at their businesses; and assure themselves, through reliable sources, that there are controls and systems in place, and that these are working effectively on the ground.

"In saying this, I recognise there are many officers in New Zealand who are meeting their health and safety obligations, and they should be confident this decision reaffirms the work they do to keep their people safe at work.

"More broadly I also want to recognise the work of the Port sector- port companies, stevedores and unions since the death of Mr Kalati to improve safety on New Zealand ports. This work has included the delivery of the Approved Code of Practice (for loading and unloading cargo at ports and on ships) which was launched last year to ensure consistent base line safety standards. It is important that this work continues to ensure we prevent tragedies like this and that workers come home healthy and safe," Ms Hewlett says.

Sentencing notes:

In sentencing Judge Bonnar KC fined Tony Gibson $130,000. He awarded Maritime NZ costs of $60,000

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