Source: Maritime Union of New Zealand
The Maritime Union of New Zealand (MUNZ) has welcomed the High Court’s decision to dismiss the appeal of former Ports of Auckland Chief Executive Tony Gibson, calling the ruling a major victory for workers.
The High Court upheld Gibson’s earlier conviction under the Health and Safety at Work Act, which resulted in a $130,000 fine and an order to pay $60,000 in costs.
The prosecution followed the death of 31-year-old stevedore Pala’amo Kalati, who was killed by a falling container at the port in August 2020.
Maritime Union of New Zealand National Secretary Carl Findlay says that while the legal outcome is a crucial step forward for workplace safety, the human cost must be remembered.
“At the heart of this case is an entirely preventable loss of life.”
“This verdict is a vindication for workers who have long warned about systemic safety failures on our waterfronts, but it does not bring back a lost workmate, father, and friend.”
MUNZ commends industry regulator Maritime New Zealand for its commitment to pursuing this prosecution.
The court’s findings confirmed that Gibson had the knowledge, influence, and resources to address critical safety gaps at the port yet failed to exercise his due diligence to do so.
Mr Findlay says that MUNZ will now pursue the introduction of corporate manslaughter laws in New Zealand.
“When executive failures directly result in a worker’s death, senior managers and directors must face the very real outcome of criminal liability and imprisonment.”