Dismissal of Gibson Appeal a Major Win for Workers’ Safety

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.”

Fatal crash, Te Atatū

Source: New Zealand Police

One person has died following a two-vehicle crash on Tirimoana Road, Te Atatū South, this evening.

Two unoccupied parked cars were damaged during the collision.

The road remains closed, with diversions in place.

The Serious Crash Unit will examine the scene.

Police thank motorists for their patience.

ENDS

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High Court dismisses Tony Gibson appeal

Source: Maritime New Zealand

The Auckland High Court has upheld the initial guilty finding and sentence of former Port of Auckland Chief Executive, Tony Gibson, after stevedore, Pala’amo Kalati, was killed at the port in August 2020 by a falling container.

The Auckland High Court has upheld the initial guilty finding and sentence of former Port of Auckland Chief Executive, Tony Gibson, after stevedore, Pala’amo Kalati, was killed at the port in August 2020 by a falling container.

“Our thoughts continue to go out to Mr Kalati’s family and friends, as well as those also impacted by this tragic incident, including the other surviving victim,” Maritime NZ Director, Kirstie Hewlett, said.

Maritime NZ prosecuted Mr Gibson under the Health and Safety at Work Act. He was found guilty after a trial in the Auckland District Court in 2024. Mr Gibson then appealed to the High Court.

“We are pleased to see the High Court has reinforced that Mr Gibson did not exercise his due diligence responsibility to ensure the port complied with its health and safety obligations,” Ms Hewlett said.

“Mr Gibson had the knowledge, influence, resources and opportunity to address safety gaps and ensure that appropriate systems were in place at the port, but failed to do so.

“During his more than a decade managing it, the port company was convicted of several offences under health and safety legislation, including for incidents resulting in fatalities and serious injuries.

“Mr Gibson knew of safety issues around critical risks that could hurt people on the port but he did not take timely action to address them, even though it was in his control and influence to do so.

“It is hoped this case will serve as a strong reminder to chief executives of large companies – they need to understand the critical risks at their businesses, assure themselves through reliable sources that there are controls and systems in place, and verify that these controls and systems are working effectively to improve safety.

“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.”

Maritime NZ will continue to work with WorkSafe NZ and other bodies like the Business Leaders Health and Safety Forum to provide guidance for chief executives, including taking into account any amendments to the health and safety legislation.

Editors note:

The Health and Safety at Work Act 2015 uses the term “person conducting a business or undertaking” (PCBU). For ease of reading by the general public, Maritime NZ has referred to the PCBU as the “port” in this media release.

The District Court had fined Mr Gibson $130,000 and ordered him to pay costs of $60,000. The High Court upheld the conviction and sentence.

Serious crash, Te Atatū

Source: New Zealand Police

Emergency services are at the scene of a serious crash on Tirimoana Road, Te Atatū South.

Police were called about 7.05pm.

Initial indications suggest there have been injuries.

The road is closed, with diversions in place.

Motorists should avoid the area.

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Fatal crash, Wairere Drive

Source: New Zealand Police

One person has died following a crash involving a car and truck in Hamilton today.

Emergency services were alerted to the collision, on Wairere Drive at Pukete Bridge, about 2.30pm.

Sadly, an occupant of the car died at the scene. Three others were transported to hospital.

Wairere Drive remains closed and Police thank motorists for their understanding.

ENDS

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Serious crash, Wairere Drive, Hamilton

Source: New Zealand Police

Police are at the scene of a serious crash involving a car and truck, which has blocked Wairere Drive at Harrowfield, Hamilton.

The crash was reported about 2.30pm and happened between Pukete and River roads.

One person has critical injuries while several others are reportedly in serious condition.

The Serious Crash Unit is carrying out a scene examination and Pukete Bridge remains closed while emergency service work at the scene.

Members of the public are asked to avoid the area, and diversions are in place.

Further information will be issued when it becomes available.

ENDS

Issued by the Police Media Centre

MEDIA ADVISORY: More police for New Zealand

Source: New Zealand Police

Media are invited to the Wing 394 Reverend Tieki Kaa recruit graduation.

What: Graduation of the New Zealand Police 394 Recruit Wing.
Who: For families and friends to celebrate with the newly attested police officers.
Why: Completion and graduation from their initial training course.
Where: Te Rauparaha Arena, 17 Parumoana Street, Porirua.
When: Thursday 16 April at 2pm – media will need to be in place by 1.45pm.
How: RSVP the Police Media Centre if you’re attending: media@police.govt.nz

Police Commissioner Richard Chambers will attend the ceremony with Wing Patron, Reverend Tieki Kaa.

Wing 394 Patron

Wing 394 has been supported by Wing Patron Reverend Tieki Kaa, a former police officer, affectionately nicknamed ‘Papa Jack’ by recruits. A kaumātua of Horouta Marae, Tieki himself graduated from Wing 37 in 1967.

A long-time supporter of the Royal New Zealand Police College, he has connected Police recruits to Māori culture, tikanga and the importance of the marae to the people of Porirua.

Wing 394 graduates

A dad following in his police officer son’s footsteps, a science lab technician, an award-winning press photographer, a fashion designer, an NZ judo representative, several tradies, and academic scholars are among the 394 class. Also in Wing 394 are five current Police staff members who have jumped from non-constabulary roles to the uniform branch including a Police College café barista who had a close-up view of recruit life having made coffee for hundreds of recruits prior to her own application.

Follow us:

Watch for updates from the graduation on our Instagram – follow us here.

More details about statistics, prize winners and other recruits will be shared after graduation on Thursday and a follow up Ten One story will be published later this month. 

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Road blocked, Wairere Drive, Hamilton

Source: New Zealand Police

Wairere Drive is blocked following a serious crash in Hamilton this afternoon.

Emergency services were called to the two vehicle crash on Pukete Bridge at around 2.30pm.

The Serious Crash Unit has been advised.

Wairere Drive is blocked and diversions are in place.

Motorists are advised to avoid the area and expect delays.

ENDS

Rural communities to access planned care closer to home

Source: New Zealand Government

New funding will help upskill the frontline rural health workforce, enabling rural general practitioners to deliver planned care and allowing more people to receive care closer to home, Associate Health Minister Matt Doocey announced today.

“New Zealanders living in rural communities deserve to get the care they need, when they need it, closer to home and that’s exactly what we are delivering,” Mr Doocey says.

“Rural communities shouldn’t have to travel unnecessarily for planned healthcare. That’s why we are investing $1 million to train rural GPs to deliver planned care services locally. This will increase access to support for people living in rural areas and reduce the need for hospital visits.

“Planned care is traditionally delivered in hospital settings and organised ahead of time. Too often currently, people in rural areas are having to travel long distances or wait longer than necessary for this type of care. This will help reduce the need for travel.

“Training will focus on practical skills such as assessing and treating heavy or unusual bleeding and removing and examining skin lesions, along with other planned care priorities.

“More than 100 rural communities rely on rural general practitioners as the backbone of their local healthcare. Strengthening rural GPs’ planned care skills will help people receive treatment sooner and closer to home, prevent conditions from worsening, and reduce unnecessary travel and wait times.”

The funding will cover agreed training costs and cover for GPs while they train, enabling rural practitioners to take part without patients being disrupted. Training funding will be implemented through Health New Zealand, using local knowledge to ensure the funding is targeted where it will have the greatest impact for rural communities.

“We are backing our rural health workforce who are doing fantastic work, often under challenging circumstances.

“Our rural and remote communities are spread across long coastlines, mountain ranges, and islands. For some New Zealanders, the nearest hospital is hours away and specialist care is not always nearby. Now more patients will be able to access planned care locally, without having to travel long distances or wait longer than necessary.

“By investing in our rural frontline workforce rural communities can have confidence that care will be there when they need it.”

Manawatū Police urge community to take precautions when heading into water after incident

Source: New Zealand Police

Manawatū Police Search and Rescue, Surf Life Saving New Zealand, and Coastguard New Zealand are urging people to remain vigilant and to be prepared when heading out on the water.

Sergeant Marcus Fellerhoff says over the summer there were eight incidents in the Kapiti, Horowhenua, and Manawatū coastlines that required emergency assistance.

“Early last week, Police Search and Rescue were alerted to a person in difficulty off Otaki Beach after falling from their kayak.

“They were not wearing a lifejacket and had no form of communication to call for help. The kayak was also not suitable for ocean conditions and eventually sunk.”

A joint response was launched after a person on the beach saw them get into difficulty and called emergency services.

“We worked alongside Surf Life Saving New Zealand, Coastguard Tautiaki Moana and Coastguard Manawatū, Wellington Rescue Helicopter, and a private helicopter in the area at the time.

“The person was located some time later cold, tired, and very lucky,” says Sergeant Fellerhoff.

Manawatū Police Search and Rescue would like to thank all those involved in locating the person and getting them to safety.

Police urges members of the community to ensure they are properly prepared with the right skills and equipment before going into the water.

“Wearing a lifejacket, carrying a reliable form of waterproof communication, and making sure you have equipment suitable for your activity can be the difference between coming home or devastating consequences.

“So far this year, our area has experienced a higher than usual number of easterly winds, and while the sea can appear calm, these winds can quickly push people offshore and into difficulty.”

This incident is a reminder to members of the public to ensure they take the proper precautions before going into the water and take the following steps:

  • Always wear a properly fitted lifejacket, no matter the experience you may have.
  • Carry two reliable forms of waterproof communication, this can include a marine radio or a phone in a waterproof bag.
  • Use equipment or vessels that are appropriate for the environment, particularly in the ocean.
  • Check the weather and sea conditions before heading out, including wind strength and direction.
  • Tell someone your plans, including where you’re going and when you expect to return.
  • Stay within your capabilities, if you have any doubt – stay out.

ENDS

Issued by Police Media Centre