Former Port CEO Sentenced Following Fatal Workplace Incident

In a case setting a precedent for chief executives of large companies, Mr Gibson, a former CEO of Port of Auckland was found to have breached the Health and Safety at Work Act 2015 following the death of a stevedore during a container lifting operation at the port in August 2020 ([2024] NZDC 27975). The District Court found that he had failed to fulfil his duties with regard to health and safety compliance on site. This is the first instance where the chief executive of a large company has been convicted of a breach of duties under the Act.

Sentencing has now taken place, and the Court has imposed a fine of $130,000 on Mr Gibson and also ordered him to pay Maritime New Zealand $60,000 in costs.

This case serves as a strong reminder to officers in senior management positions of large organisations that they may personally be held to account for breaches of health and safety obligations by their organisations and that all safety risks need to be carefully addressed and managed across the board.