Former Ports of Auckland chief executive Tony Gibson on trial over worker's death in unprecedented case

Related video: The Maritime Union is calling for a national inquiry into port safety after the death of a worker at Auckland's Port. Credits: Newshub

Former chief executive of Ports of Auckland, Tony Gibson, failed to ensure frontline workers were safe before a stevedore was killed, a court has heard as the unprecedented case begins.   

Gibson, 69, is on trial in a first-of-its-kind prosecution over the death of Pala'amo Kalati who was killed in 2020 when a container fell and crushed him while he was working the night shift.   

The former chief executive was charged over Kalati's death under new laws that were introduced after the Pike River disasters.  

He is facing two charges under the Health and Safety at Work Act and if convicted he could be fined up to $400,000.   

The judge-alone trial is underway at Auckland District Court and is expected to take several weeks. Judge Steve Bonnar is presiding over it.   

Ports of Auckland was also charged over Kalati's death. The company pleaded guilty and was fined $500,000.  

Gibson resigned in May 2021 citing "persistent and sometimes personal attacks".  

His resignation came after an independent health and safety review found the need for significant changes.   

It found systemic problems with risk management and organisation. The review recommended several changes including new requirements for the chief executive to prioritise health and safety over profit and productivity along with improving trust and communication between management and staff.   

It also recommended a new health and safety manager who would report directly to the Board and chief executive.   

Several other workers have died at the Port including a stevedore who was killed in 2022 while loading and unloading freight.