Tony Gibson was accused of breaching his duties as an officer and making decisions which jeopardised the safety of port workers. Photo: RNZ / Nick Munro
Maritime New Zealand hopes a judge's finding that a former Ports of Auckland chief executive is guilty in relation to the death of a stevedore, will help to prevent future tragedies.
Pala'amo Kalati, who was 31, died when he was crushed by a shipping container in August, 2020.
The maritime watchdog filed charges accusing Tony Gibson of breaching his duties as an officer and making decisions which jeopardised the safety of port workers.
Gibson faced the health and safety charges in the Auckland District Court in April.
Releasing his decision today, Judge Bonnar said Gibson failed to comply with his health and safety duties and exposed stevedores to the risk of being struck by objects falling from cranes.
Maritime New Zealand director Kirstie Hewlett said the ruling helped to clarify the role of senior officers in health and safety in large companies.
"The law Mr Gibson was prosecuted under was introduced following the Pike River tragedy to ensure officers of large companies take responsibility for the health and safety of their workers. We hope this result provides useful case law and clarification around the obligations, and helps prevent future tragedies."
This was the first time an officer of a large, complex company had been charged under the Health and Safety at Work Act 2015, for a breach of health and safety duties, she said.
She hoped the judge's decision brought closure to Kalati's family, loved ones and colleagues, Hewlett said.
Ports of Auckland previously pleaded guilty to two health and safety charges and was sentenced in late 2023 to a fine of $561,000.