High Court upholds conviction over death of Pacific stevedore at Auckland port - MNZ

The High Court in Auckland has upheld the conviction and sentence of former Ports of Auckland chief executive Tony Gibson over the death of stevedore Pala’amo Kalati, 31, killed in a workplace accident almost six years ago.

The Sāmoan father of seven was killed on 30 August 2020 when a container fell at the Fergusson Container Terminal in Auckland.

The ruling this week confirms earlier findings that Gibson failed to meet his legal duty to ensure proper health and safety systems were in place at the port.

Maritime New Zealand, which brought the prosecution, said the High Court decision reinforced the responsibility of senior leaders to actively manage safety risks in the workplace.

“We are pleased to see the High Court has reinforced that Mr Gibson did not exercise his due diligence responsibility to ensure the port complied with its health and safety obligations,” Maritime NZ Director Kirstie Hewlett said in a statement.

“Mr Gibson had the knowledge, influence, resources, and opportunity to address safety gaps and ensure that appropriate systems were in place at the port, but failed to do so.

“Mr Gibson knew of safety issues around critical risks that could hurt people on the port but he did not take timely action to address them, even though it was in his control and influence to do so.”

Gibson was found guilty in the Auckland District Court in 2024 and fined $130,000, plus $60,000 in costs. The High Court has now upheld both the conviction and the sentence.

Former Ports of Auckland chief executive Tony Gibson, whose conviction over the 2020 workplace death of a stevedore has been upheld by the High Court. Photo/RNZ/Nick Munro

The case follows a long history of safety concerns at the port, which has seen multiple serious incidents over the years, including fatalities.

Kalati’s death came less than two weeks after Ports of Auckland admitted a health and safety charge over the 2018 death of 23-year-old straddle crane driver Laboom Dyer, who was killed when his crane tipped.

Along with an earlier fatal incident in 2017, the deaths prompted an independent review that found the port had a culture of prioritising productivity over safety and wider systemic problems.

Kalati’s death in 2020 had a deep impact on the port workforce and Pacific families in New Zealand, many of whom work in high-risk jobs in logistics and freight.

In 2021, Kalati’s family spoke publicly about their grief and the difficult experience in the hours after his death, describing the shock of losing a loved one suddenly while he was at work.

His death also added to the wider scrutiny of workplace safety culture at Ports of Auckland.

Maritime NZ said the ruling should serve as a warning to company leaders about their legal responsibilities.

“It is hoped this case will serve as a strong reminder to chief executives of large companies.

The Fergusson Container Terminal at Ports of Auckland, where Kalati was killed, has faced ongoing scrutiny over workplace safety following a series of serious incidents. Photo/Port of Auckland

"They need to understand the critical risks at their businesses, assure themselves through reliable sources that there are controls and systems in place, and verify that these controls and systems are working effectively to improve safety.”

The regulator said it will continue working with WorkSafe NZ and other agencies to support businesses on health and safety obligations.

The Maritime Union of New Zealand has welcomed the High Court’s decision, with National Secretary Carl Findlay saying, “At the heart of this case is an entirely preventable loss of life” and “this verdict is a vindication for workers who have long warned about systemic safety failures on our waterfronts.

"But it does not bring back a lost workmate, father, and friend," he said.

Findlay added that the union will push for corporate manslaughter laws.

“When executive failures directly result in a worker's death, senior managers and directors must face the very real outcome of criminal liability and imprisonment.”

The High Court decision brings the long-running case to a close, nearly six years after Kalati’s death at one of New Zealand’s busiest ports.