In a decision released 27 November 2024, Former Port of Auckland CEO, Tony Gibson, was found guilty of breaching his health and safety duties as an officer of the company after a trial earlier this year.
This is a significant decision with Gibson being the first CEO of a large firm to be convicted of these charges.
Gibson faced two charges from Maritime New Zealand (“MNZ”) for failures to comply with duties under the Health and Safety at Work Act 2015 (“the Act”). The Act, amongst other matters, places a duty of due diligence onto senior management as Officers of the PCBU (Person conducting a business or undertaking), including, as in this case, an organisation’s CEO.
MNZ claimed there were systemic deficiencies under Gibson's watch, including that he failed to properly monitor health and safety risks following previous health and safety incidents and prosecutions.
Image sourced from Ports of Auckland Media Gallery.
Gibson was found guilty on both charges against him. Judge
Gibson was found guilty on both charges against him. Judge Bonnar was satisfied that Gibson breached his duties under the Act and that “his failure thereby exposed the stevedores to the risk of death or serious harm by being struck by objects falling from operating cranes."
Any flow-on effects from this decision will be closely watched by many, with MNZ intending to work with WorkSafe New Zealand and the Institute of Directors over whether this case can be used to support health and safety officers in their duties.
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