MEDIA RELEASE: Court Decision, Ports of Auckland

MEDIA RELEASE

27 November 2024

Court Decision in Ports of Auckland case carries Health & Safety lessons for CEOs

The District Court judgment convicting former Ports of Auckland CEO, Tony Gibson, of failing to comply with his duty under the Health and Safety at Work Act 2015 in relation to the death of Pala’amo Kalati carries important lessons that business leaders should note and act upon, says New Zealand Institute of Safety Management Chair, Mike Cosman.

NZISM is New Zealand’s leading professional association for health and safety practitioners. NZISM’s 2,800 members represent the entire spectrum of New Zealand businesses and industries. NZISM extends our sympathies to Mr Kalati’s family and loved ones.

"This is the first time the CEO of a major company has been convicted under legislation introduced following the Pike River tragedy. While there were a number of unique features of this case, there are also important lessons for other business leaders," says Mr Cosman.

"The Court has confirmed that CEOs need to put as much effort into oversight of health and safety as other business activities.

"CEOs need to ensure that they have access to demonstrably competent health and safety advice and that actions and plans are both completed in a timely manner and achieve the desired effect. NZISM agrees with Judge Bonnar’s comment that, when hiring health and safety staff, CEOs look for candidates with adequate qualifications and accreditation along with relevant experience. The riskier the workplace, the more important it is to get good advice.

"This decision may be seen as raising the bar for business leaders’ responsibility for health and safety, but it is right that the bar should be high. Too many New Zealanders are injured and killed at work. Every worker should return home safely to their families at the end of the day.

"We hope the lessons from the death of Mr Kalati and the Court’s decision to hold Mr Gibson accountable for the system failures that contributed to this tragedy will help to improve the practice of health and safety in New Zealand businesses, and save lives in the future," says Mr Cosman.

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Read the Judgement: Maritime New Zealand v Gibson