Former port CEO on trial

A former chief executive of Port of Auckland Ltd (POAL) has gone on trial in the first case of its kind in New Zealand.

Tony Gibson, 69, is facing two charges laid by Maritime NZ in relation to the father-of-seven Pala’amo Kalati, who died in 2020 while working at the port.

It’s the first time a CEO in this country has been charged over a workplace fatality. The prosecution has been brought under new health and safety laws introduced after the Pike River mine disaster.

These are aimed at holding senior company officers to account if employees are exposed to the risk of serious injury or death. If convicted, Gibson, who resigned from his position at POAL in 2021, could be fined up to $400,000.

It is anticipated the trial at Auckland District Court before Judge Steve Bonnar will last several weeks, reports the NZ Herald.

Maritime NZ prosecutors claim there were “systemic deficiencies” in terms of health and safety procedures at POAL. They argue Gibson failed to use his “influence, power and resource” around the boardroom and executive to ensure necessary steps were taken to keep workers safe.

It is also claimed Gibson should have been “on notice” of the deficient safety culture following four previous health and safety prosecutions while he was chief executive.

However, Gibson’s defence lawyer. John Billington KC, says his client cannot be held “criminally negligent” for Kalati’s death.

While Gibson had overall responsibility for port operations, he was not personally liable for the failures of individual systems and staff over which he had no direct control, the court heard.

“He was but one of 650 employees at the time, albeit the most senior. The conduct of POAL is not attributable to Mr Gibson.”

Kalati was employed as a “lasher”, responsible for securing containers on ships ahead of transportation and unfastening them before they were unloaded by cranes from vessels.

At about 2am on August 30, 2020, stevedores were discharging cargo from a container vessel at the Fergusson Container Terminal.

It was lifting two containers from the deck when a third container, still partially fastened, accidentally lifted. It broke free and crushed Kalati as he worked below.

Maritime NZ launched an investigation into the death, eventually charging Gibson and laying two charges against POAL under the Health and Safety at Work Act.

The company pleaded guilty and was fined $500,000 in December 2023. Gibson pleaded not guilty in 2022.