Former Port of Auckland Chief Executive Tony Gibson was found guilty after stevedore’s death in August 2020.
As reported, 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. Gibson could face a fine of up to $300,000 but might still appeal the decision. NZ Herald reports that his lawyer, John Billington KC said he’d not had a chance to clarify Gibson’s position on that, so he could not yet comment.
The stevedore was fatally injured 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. Port of Auckland (POAL) was also charged and sentenced in late 2023 to a fine of $561,000. Gibson was facing two charges and was convicted of failing to fulfill his responsibility to exercise due diligence in ensuring that POAL met its obligations under health and safety laws. A lesser charge was dismissed.
Furthermore, the Maritime Union welcomed the conviction of Tony Gibson in an announcement released on 27 November. 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.”
Findlay continued by stating that the Maritime Union made repeated attempts to draw attention to health and safety concerns at POAL during Gibson’s tenure, which were minimized and downplayed.
Today’s outcome sends a message that workers lives mean something, and that highly paid decision makers are accountable for their decisions.
…said Carl Findlay.
In addition, Findlay highlighted that the 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.
…said Findlay.
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.
