The Auckland High Court has upheld the conviction and sentence of former Port of Auckland chief executive Tony Gibson following the death of stevedore Pala’amo Kalati in August 2020.
Kalati was killed after being struck by a falling container at the port. Gibson was prosecuted by Maritime New Zealand under the Health and Safety at Work Act and was found guilty in the Auckland District Court in 2024 before appealing to the High Court.
Maritime New Zealand director Kirstie Hewlett says the High Court decision reinforces the responsibilities of senior leaders.
“Our thoughts continue to go out to Mr Kalati’s family and friends, as well as those also impacted by this tragic incident, including the other surviving victim,” Hewlett says.
“We are pleased to see the High Court has reinforced that Mr Gibson did not exercise his due diligence responsibility to ensure the port complied with its health and safety obligations.
“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.”
Hewlett says Gibson was aware of critical safety risks but did not take timely action to address them.
“During his more than a decade managing it, the port company was convicted of several offences under health and safety legislation, including for incidents resulting in fatalities and serious injuries.
“Mr Gibson knew of safety issues around critical risks that could hurt people on the port but he did not take timely action to address them, even though it was in his control and influence to do so.”
She says the case should serve as a reminder to chief executives about their obligations under health and safety law.
“It is hoped this case will serve as a strong reminder to chief executives of large companies – they need to understand the critical risks at their businesses, assure themselves through reliable sources that there are controls and systems in place, and verify that these controls and systems are working effectively to improve safety.
“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.”
The District Court fined Gibson $130,000 and ordered him to pay $60,000 in costs. The High Court has upheld both the conviction and the sentence.
Maritime New Zealand says it will continue working with WorkSafe New Zealand and the Business Leaders Health and Safety Forum to provide guidance for chief executives.
