The Maritime Union of New Zealand has welcomed the conviction of former Ports of Auckland CEO Tony Gibson on a health and safety charge.
Mr Gibson was found guilty by Judge Bonnar in the Auckland District Court this morning.
Charges were laid against Mr Gibson by industry regulator Maritime New Zealand under the Health and Safety at Work Act (2015) following the death of POAL employee Mr Pala’amo (Amo) Kalati on 30 August 2020.
The Court found Mr Gibson failed to ensure adequate systems were in place to manage critical risks, particularly around crane operations and exclusion zones.
Maritime Union of New Zealand National Secretary Carl Findlay says the conviction brings to an end “an era of failure at the highest levels of Port of Auckland which had tragic outcomes for workers, their families and their colleagues.”
Mr Findlay says the Maritime Union made repeated attempts to draw attention to health and safety concerns at POAL during Mr Gibson’s tenure, which were minimized and downplayed.
“This conviction vindicates the stance of our Union but it sadly comes too late for those who died due to the failure to ensure a safe workplace.”
He says thoughts today should go out to the families and those left behind after deaths on the waterfront.
“Today’s outcome sends a message that workers lives mean something, and that highly paid decision makers are accountable for their decisions.”
“We hope other senior managers and Board members reflect and gain insight into the effect on innocent working people when health and safety is not prioritized.”
He says new management at the Ports of Auckland have taken a positive approach to engaging with workers and the Union, and this has resulted in health and safety and the wellbeing of workers at the Port becoming a priority.
“Following the ignominious resignation and departure of Mr Gibson in 2021, the Maritime Union has worked together successfully with new management at POAL and stevedoring companies in Auckland to develop a code of practice to ensure best safety practices in stevedoring.”
The Maritime Union would continue to campaign for corporate manslaughter laws that reflected its view – “Kill a worker, go to jail.”
This is the first time a chief executive from a company of POAL’s size had been charged under the Health and Safety at Work Act 2015.
