Judge finds Tony Gibson 'ultimately responsible for health and safety' at POAL
Former Ports of Auckland Limited (POAL) chief executive Tony Gibson has been found guilty of failing to comply with health and safety regulations, exposing workers to the risk of death or serious injury.
The verdict relates to the August 2020 death of stevedore Pala’amo Kalati, a 31-year-old father of seven who was killed during a night shift when a container fell on him. A Maritime New Zealand (Maritime NZ) investigation into the incident resulted in several charges against POAL and Gibson, who was CEO from February 2011 to June 2021.
Gibson, 69, faced two charges laid in the alternative, meaning he could only be convicted of one, according to 1News. The court found him guilty of the charge alleging he failed to exercise due diligence under the Health and Safety at Work Act (HSWA), exposing workers to the risk of death or serious injury.
Gibson had pleaded not guilty, asserting during earlier court proceedings that health and safety were a "core part" of POAL's operations under his leadership.
In the judgment, released today, Judge Steve Bonnar held Gibson "ultimately responsible for health and safety" at POAL and noted his duty to provide systems leadership.
The court found that Gibson failed to address deficiencies in monitoring night shift operations, which constituted a breach of his duty, said 1News.
"I am satisfied beyond reasonable doubt that Mr. Gibson's breach of his duty ... made it materially more likely that POAL would breach its duty of care to ensure that stevedores were not exposed to the risk of death or serious harm," Bonnar wrote.
"His failure thereby exposed the stevedores to the risk of death or serious harm by being struck by objects from operating cranes."
This is the first prosecution of a chief executive under health and safety legislation introduced following the Pike River mine disaster, said 1News. The laws were designed to hold senior leaders accountable when workers are exposed to serious risks.
POAL had earlier pleaded guilty to two charges related to Kalati’s death and was fined more than $500,000.
Maritime NZ director Kirstie Hewlett expressed hope that the ruling would bring some closure to Kalati’s family and colleagues, as well as provide clarity on the health and safety responsibilities of senior executives.
"I want to extend our deepest sympathies to Mr. Kalati's family, loved ones and colleagues, and also to the other victim who was working closely with Mr. Kalati at the time," she said in the report.
"It is important to recognise that many officers in New Zealand take health and safety seriously and that this case was only taken after considering the harm caused, the compliance history of the port, and taking into account the broader public interest.”
Maritime NZ is reviewing the judgment to determine if Gibson will appeal and has stated it will not comment further at this time.
