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Home / New Zealand

Ports of Auckland charged over death of ocean swimmer Leslie Gelberger

By Meghan Lawrence
Meghan Lawrence is a reporter for the New Zealand Herald·NZ Herald·
7 Jul, 2018 06:27 AM4 mins to read

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Leslie Gelberger and wife Laura McLeod with their children. Leslie died while swimming at Narrowneck Beach in April 2017. Photo / Supplied

Leslie Gelberger and wife Laura McLeod with their children. Leslie died while swimming at Narrowneck Beach in April 2017. Photo / Supplied

Charges have been laid against Ports of Auckland Ltd and one of its staff after the death of ocean swimmer Leslie Gelberger.

Gelberger died on April 20 last year after going for a swim on Auckland's North Shore.

A passing ferry found his body, which was missing a leg, about 4pm the next day.

Gelberger - a husband, father, teacher and keen ocean swimmer - was believed to have been hit by a boat, and his body was found floating off Mairangi Bay.

Ports of Auckland previously confirmed it was being investigated, after it was thought one of its pilot boats had been involved.

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Maritime NZ has now confirmed that it filed charges under section 48 of the Health and Safety at Work Act, in the Auckland District Court on April 19.

The charges allege a failure to comply with a duty that exposes an individual to a risk of serious injury, serious illness or death.

It would not release the name of the Ports of Auckland staff member who was charged.

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Maritime NZ took over the investigation from police earlier this year. Police said they made the decision not to lay charges as there was insufficient evidence, and they referred the matter to Maritime NZ and the Coroner.

Charges have been laid against Ports of Auckland Ltd and one of its staff following the death of ocean swimmer Leslie Gelberger in April last year. Photo / Supplied
Charges have been laid against Ports of Auckland Ltd and one of its staff following the death of ocean swimmer Leslie Gelberger in April last year. Photo / Supplied

A Ports of Auckland spokesperson said the company was evaluating the charge prior to entering a plea.

"As the case is before the court, we are not able to make any further comment."

It is due to appear in Auckland District Court on July 17.

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Gelberger, originally from Canada, moved to New Zealand about three years before his death.

He was married to Laura McLeod and was the father of two boys, Silas and Linus, and had been a maths teacher at Westlake Girls' High School since the beginning of last year.

McLeod did not want to talk to the Herald on Sunday about the charges, but previously described her husband as her "best friend, the best father to my boys and the most amazing, kindest, positive and adventurous person I have ever known".
the family were "coping as best we can".

Westlake Girls' High School associate principal Julie Saikkonen said this week that Gelberger was remembered "fondly as a member of our staff and school community".

"In his short time at Westlake Girls' he was a positive influence whose company we all enjoyed," she said.

"Our staff and students had the utmost respect for him. His infectious enthusiasm and dedication to stimulating science teaching is sadly missed."

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In September a Canadian maple tree was planted on the school grounds, which Saikkonen said was a "lasting memory of his short but valuable contribution to our school".

Ocean Swim Series director Scott Rice said the swimming community had been shaken by the death.

"At the time it happened it made everyone have a think about their own personal safety when swimming in the water, when you are not swimming in an organised event."

Rice said there were various precautions swimmers could take when open water swimming.

"What they should do, as best practice, is let someone know where you are going to swim, how long you think you will be, and when you will be back.

"Second thing would be if you can swim with a buddy, it is always helpful.

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"I also think if you are swimming on your own or with a buddy that you try to swim around the coastline or closer in to shore, around bays and across beaches, as opposed to straight out to sea," he said.

"There are also flotation devices you can tow behind you that are hi-visibility, which is another way to identify yourself while in the water, as well as a bright coloured swim cap."

Rice said that in his 15 years of running ocean swims, this was the first time he had heard of a boat colliding with a swimmer.

Shortly after the tragedy last year, Ports of Auckland chief executive Tony Gibson said he was "extremely upset that one of our pilot boats may have been involved in the death of a swimmer".

"I understand the pain this will have caused and I offer the family and friends of the swimmer my deepest sympathies for their tragic loss," he said.

During the investigation, police asked the public for help with footage from local security cameras and in locating two fishermen who were in the area at the time.

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