Port of Auckland conviction 'comes too late for those who died' - union

The conviction of a former Ports of Auckland boss brings to an end "an era of failure at the highest levels of Ports of Auckland which had tragic outcomes for workers, their families and their colleagues", says the Maritime Union.

Former Ports of Auckland chief executive Tony Gibson has been found guilty in relation to the death of stevedore Pala'amo Kalati, who was 31 when he was crushed by a shipping container in August 2020.

Maritime New Zealand filed charges accusing 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 and Judge Bonnar released his decision yesterday.

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 Union national secretary Carl Findlay said the union made repeated attempts to draw attention to health and safety concerns at Ports of Auckland during Gibson's tenure, which were minimized and downplayed.

"This conviction vindicates the stance of our union, but it sadly comes too late for those who died due to the failure to ensure a safe workplace."

Findlay said the outcome sent a message that workers lives meant something, and that highly-paid decision makers were accountable for their decisions.

"We hope other senior managers and Board members reflect and gain insight into the effect on innocent working people when health and safety is not prioritised."

Findlay said new management at Ports of Auckland had taken a positive approach to engaging with workers and the Union, and this had resulted in health and safety and the wellbeing of workers at the Port becoming a priority.

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.

Hewlett said she hoped the judge's decision brought closure to Mr Kalati's family, loved ones and colleagues.

Ports of Auckland previously pleaded guilty to two health and safety charges and was sentenced in late 2023 to a fine of $561,000.