Former Port of Auckland chief executive Tony Gibson has been fined $130,000 and ordered to pay Maritime NZ $60,000 in relation to the workplace death of a stevedore.
He was earlier found guilty of failing to comply with health and safety regulations, putting port workers at risk of death or serious injury, in a landmark conviction.
Father-of-seven Pala’amo Kalati, 31, was working a night shift in August 2020 when a container fell on top of him and killed him.
At Gibson’s sentencing on Friday afternoon, Judge Steve Bonnar told the court that the former port boss was generally a “hands-on CEO in relation to health and safety issues at the port”. But he said, in this instance, Gibson “failed to exercise the care, diligence and skill” required of a reasonable officer.
In his judgement last year, Judge Bonnar concluded that Gibson was “ultimately responsible for health and safety” and was required to exercise systems leadership.
He ruled Gibson should have been aware of the need for improvement of the monitoring of the night shift butt, in failing to address associated shortfalls, he failed in his duty.
Details of financial reparations from Port of Auckland Limited to Kalati’s family remained suppressed but the judge noted they were “extensive and substantial”.
A Maritime NZ investigation led to several charges being laid against the company and Gibson, who was chief executive of Ports of Auckland (POAL) at the time.
It was the first prosecution of its kind against a chief executive related to a workplace death.
Health and safety law changes were put in place following the Pike River mine disaster, designed to ensure senior staff could be held to account when workers were exposed to serious risk of injury or death.
POAL earlier pleaded guilty to two charges related to Kalati’s death and was fined more than $500,000.
Gibson served as POAL’s chief executive from 2011 to 2021.
Maritime NZ hopes case serves as ‘strong reminder’ to CEOs
Maritime NZ director Kirstie Hewlett said it should be remembered that people were at the centre of prosecutions such as this and Kalati’s family would “forever feel the impact” of his death.
“Our thoughts continue to go out to Kalati’s family, friends, as well as those also impacted by this tragic incident.
“This has not been a quick process, and we fully understand how difficult the ongoing proceedings against the Port and Gibson would have been for those close to Kalati.”
She said she hoped the case would serve as a “strong reminder” to chief executives of large companies that they needed to understand risks at their businesses and ensure controls and systems were working effectively to mitigate them.
“In saying this, I recognise there are many officers in New Zealand who are meeting their health and safety obligations, and they should be confident this decision reaffirms the work they do to keep their people safe at work.”
