LANDMARK CONVICTION: Former Ports of Auckland CEO Held Accountable

Thursday December 5, 2024 11:01

In a significant development for workplace health and safety in New Zealand, former Ports of Auckland CEO Tony Gibson has been convicted of failing to fulfil his due diligence obligations under the Health and Safety at Work Act 2015 (HSWA). This landmark decision sets a precedent for corporate accountability and underscores the importance of prioritizing worker safety.

The Case

The conviction stems from a tragic incident in August 2020, where a port worker, Pala'amo Kalati, lost his life while working on a night shift. An investigation revealed that Mr. Kalati was killed when a container fell on him during a lifting operation.

The Charge

Mr. Gibson was charged with failing to exercise due diligence as an officer of Ports of Auckland, thereby exposing workers to the risk of death or serious injury. The court found that he had not taken sufficient steps to ensure the safety of workers, despite the known risks associated with container handling operations.

Implications for Corporate New Zealand

The conviction of Mr. Gibson sends a strong message to corporate leaders across New Zealand. It highlights the personal liability of executives who fail to prioritize worker safety. This case reinforces the importance of robust health and safety systems, effective risk management, and a culture of safety within organisations.

Looking Ahead

As the sentencing phase approaches, the focus shifts to determining an appropriate penalty for Mr. Gibson's actions. The outcome of this case will undoubtedly shape future health and safety practices in New Zealand and serve as a deterrent to those who may neglect their duty of care.

This conviction marks a significant step forward in holding corporate leaders accountable for workplace safety. It is a reminder that the lives of workers must always be prioritized, and that negligence will not be tolerated.

It is not known at this stage whether Mr Gibson will appeal this decision. The maximum penalty that Mr Gibson may face in respect of the charges upheld against him is a fine of NZ$300,000.

As usual Securo Ltd will advise on any changes this may bring to Health & Safety legislation and the impact this could have on your organisation.  This is particularly relevant given the current review of the HSAW Act.

If you have any concerns around Health & Safety matters, our Securo Consultant are available to help.  We can also advise on hazard management and provide access to professionals for health monitoring services, so please give them a call or alternatively contact Securo head office on 0800 55 33 44.