The Auckland High Court has upheld the conviction and sentence of former Ports of Auckland Chief Executive Tony Gibson over the death of stevedore Pala’amo Kalati.

Kalati was killed in August 2020 after a container fell at the port, in an incident that prompted a major investigation into safety practices.

Gibson had previously been found guilty in the Auckland District Court in 2024 following a prosecution by Maritime New Zealand under the Health and Safety at Work Act. He later appealed that decision, but the High Court has now dismissed the challenge.

The court reinforced findings that Gibson failed to meet his due diligence responsibilities to ensure the port complied with health and safety obligations.

Authorities say he had the knowledge, influence and resources to address known safety risks at the port but did not act in a timely way to fix them.

The court heard that during his more than a decade in charge, the port company had multiple convictions under health and safety laws, including cases involving serious injuries and deaths.

Investigators found there were ongoing issues around critical risks that had the potential to cause harm, and that these were not adequately addressed despite being within Gibson’s control.

The ruling is being seen as a significant moment for workplace accountability, particularly for senior leaders responsible for overseeing high-risk operations.

Regulators say the decision sends a clear message to chief executives across Aotearoa that they must actively understand workplace risks, ensure proper systems are in place, and verify those systems are working effectively.

Maritime New Zealand says it will continue working alongside WorkSafe and industry groups to support business leaders in meeting their health and safety obligations.

#WorkplaceSafety #PortsOfAuckland #HealthAndSafety #NZNews #Aotearoa #Accountability #MaritimeNZ