Former Port of Auckland CEO argues against criminal liability in stevedore's death in 2020
The trial for the first-ever prosecution against a chief executive in New Zealand for workplace health and safety neglect has begun.
Former Port of Auckland (POAL) CEO Tony Gibson is facing two charges under the health and safety laws following the death of a stevedore in 2020, the New Zealand Herald reported.
Maritime NZ prosecutors are saying Gibson failed to use his "influence, power, and resource" in the boardroom and executive to properly monitor and take steps to address the failures in terms of health and safety procedures at the port.
"An officer who can influence the organisation's health and safety performance must do all that they are reasonably able to do: the buck stops with them," the prosecutors said, as quoted by the NZ Herald.
They added that Gibson should have been aware of the significant inadequacies in the port's health and safety systems after previous prosecutions during his term.
These convictions should have underscored the need for immediate work to revise and rectify the risks at the port, according to the prosecutors.
Gibson's defence to health and safety charge
Meanwhile, Gibson's defence lawyer argued that the former CEO cannot be held "criminally negligent" for the stevedore's death in 2020.
According to the lawyer, Gibson was only one of the 650 employees at the time and was not personally liable for the failures of individual systems and staff that he had no direct control of.
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"The conduct of POAL is not attributable to Mr. Gibson," the lawyer said as quoted by the NZ Herald.
The trial is currently underway in the Auckland District Court and is expected to last several weeks, according to the NZ Herald report.
If convicted, Gibson could be fined up to $400,000 under tougher new health and safety laws that were introduced following the Pike River mine disaster. The legislation sought to make senior company holders responsible for putting workers at risk of serious injury or death.
Stevedore fatality in 2020
The case against Gibson was lodged following the death of stevedore Pala’amo Kalati, who was crushed when a container dropped during a lifting operation at Fergusson Container Terminal in 2020. POAL said at the time that they were "absolutely devastated" by Kalati's death.
"As an organisation we care deeply about the safety and wellbeing of our staff. In recent years a great deal of effort has gone into making the port a safer place to work, which makes this event even more painful," it previously said in a statement.
The port was fined with over $500,000 late last year after it admitted responsibility for the death of kalati, Stuff reported.
By this time, Gibson had already stepped down from his position as CEO, citing "persistent and sometimes personal attacks" against him.
"I feel that this focus on me is damaging to the company and to the great people that I work with," he said in a statement. "It is taking our focus off what is really important – delivering change. I can't let that continue, so for the sake of our people and the good work that they do, I have decided to step down."
The former CEO, who officially stepped down at the end of June 2021, lamented the port's portrayal in the media.
"This is a company which is often in the media in a bad way, over port expansion, port location or more recently over safety and congestion. Sadly, there is little media attention on the great things our people have achieved in the last 10 years," he said.
Roger Gray has since taken on the mantle of POAL CEO as of April 2022, as announced by the port.