Former Port of Auckland CEO Tony Gibson found guilty after stevedore’s death

Former Ports of Auckland CEO, Tony Gibson (right) went on trial over the death of stevedore Pala’amo Kalati (inset) who was struck by a falling container on August 30, 2020. Main image and right /NZME, Inset/Supplied

Maritime safety watchdogs hope a grieving family get some closure after a former Port of Auckland chief executive was found guilty in relation to the death of stevedore Pala’amo Kalati.

Judge Steve Bonnar KC said Tony Gibson was aware of safety problems at the port, and has released his reserved decision on the case, six months after the trial ended.

Tony Gibson giving evidence in the dock at Auckland District Court in May. Photo / Jason Oxenham

Gibson could face a fine of up to $300,000 but might still appeal the decision. His lawyer John Billington KC today said he’d not had a chance to clarify Gibson’s position on that, so he could not yet comment.

Maritime NZ Director Kirstie Hewlett said she hoped the decision would help bring closure for Kalati’s loved ones, and help clarify the health and safety role of senior officers in large companies.

“I want to extend our deepest sympathies to Mr Kalati’s family, loved ones, and colleagues,” Hewlett said.

“The law Mr Gibson was prosecuted under was introduced following the Pike River tragedy to ensure officers of large companies take responsibility for the health and safety of their workers,” she added.

“We hope this result provides useful case law and clarification around the obligations, and helps prevent future tragedies.”

Pala'amo Kalati (right) with wife Dro and six of their seven children: Jairus, Mischa, Azra, Braxton, Sarai and Iman. Photo / Supplied

Kalati, 31, was killed in August 2020 when a container fell down and crushed him in an accident while loading containers on the MV Constantinos P ship berthed at the port.

He’d been working at the port since April that year.

Port of Auckland (POAL) was also charged and sentenced in late 2023 to a fine of $561,000.

At his trial in May, Gibson spoke of his love for the port, his honour to have led the organisation and what he described as his unwavering commitment to keeping people safe.

He faced two charges and was found guilty of failing to comply with his duty to exercise due diligence to ensure POAL complied with its duties under health and safety legislation.

A less serious alternative charge was dismissed.

Judge Bonnar’s decision comes just a few days ahead of a major safety event at the port.

This Friday, several Cabinet ministers are expected to attend the launch of the new approved code of practice for loading and unloading cargo at all commercial ports.

‘Workers’ lives mean something’

The Maritime Union of New Zealand (MUNZ) said it welcomed the decision.

“Today’s outcome sends a message that workers’ lives mean something, and that highly paid decision makers are accountable for their decisions,” MUNZ national secretary Carl Findlay said.

The judgment brought 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”, he added.

Findlay said the union made repeated attempts to draw attention to health and safety concerns during Gibson’s tenure, which were minimised and downplayed.

New management at the port took a positive approach to engaging with workers and the union, Findlay said, and now worker health and safety and wellbeing was a priority.

Roger Gray is now the port company’s chief executive.

“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,” Findlay said.

MUNZ said it would keep campaigning for corporate manslaughter laws that reflected its view: “Kill a worker, go to jail.”

Judge’s findings

In his judgment, Judge Bonnar said Gibson was fully aware of the critical risk of handling suspended loads but was not entirely to blame for Kalati’s death.

“There may be multiple people who could have intervened to prevent a risk arising.”

But the judge said Gibson was ultimately responsible for health and safety and was tasked with several crucial health and safety responsibilities.

He said Gibson was responsible for monitoring and reviewing the performance of his subordinates and of POAL’s systems.

Judge Bonnar said Gibson was “hands-on” in relation to health and safety issues.

“He was aware of the lack of timely response by POAL to recommended improvements to health and safety accountability, monitoring and reporting, including reporting of incidents, near misses and noncompliance.”

The judge added: “He was on notice of POAL’s ongoing difficulties in adequately monitoring work as done and of the need for improvement of the monitoring of the night shift.”

Judge Bonnar also said Gibson was conscious of the desirability of additional technological controls in relation to work carried out by lashers on ships, to address reliance on behavioural controls, but failed to turn his mind to the need for additional hard, non-technological controls.

John Weekes has covered crime and courts for publications including the Herald, Herald on Sunday, Dominion Post, and for News Corp, Australia.