Category: Health and safety

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Reappointment of Tony Gibson to maritime industry board role a travesty

Source: Maritime Union of New Zealand

The Maritime Union says the reappointment of disgraced former Ports of Auckland CEO Tony Gibson to a director position at Marsden Maritime Holdings (MMH) is a travesty and an insult to the memory of workers killed and injured on the job.

Maritime Union of New Zealand National Secretary Carl Findlay says workers are in disbelief at the absolute lack of judgement shown by MMH.

Mr Gibson was found guilty in November 2024 of a health and safety charge stemming from his former role as CEO of Port of Auckland Limited.

Maritime NZ laid charges against Mr Gibson under the Health and Safety at Work Act after the death of a stevedore, Pala’amo Kalati, in 2020.

Marsden Maritime Holdings is a New Zealand Exchange-listed (NZX) company, which has a 50% stake in Northport, a marina, and significant industrial land holdings.

Mr Findlay says the news shocked workers who lived through the Gibson years at Port of Auckland, which saw deaths and serious injuries, sustained attacks on the workforce, and a failed automation project that cost Aucklanders hundreds of millions of dollars before Mr Gibson’s resignation.

Mr Findlay says there is a culture of impunity for directors and senior managers.

“What more does it take for a public company to say time to go?”

Mr Findlay says it’s a case of “jobs for the boys” and a glaring example of the double standard applied, as workers would be sacked for far less serious offences and find it hard to get back into work.

“The corporate elite need to get the message that the working-class majority are getting sick and tired of seeing this entitled self-serving attitude.”

He says the Maritime Union congratulates Port of Auckland, a minority shareholder in MMH, for its principled decision voting against Mr Gibson’s reappointment.

Mr Findlay says the stance of the New Zealand Shareholders Association who directed proxy votes against the reappointment was also a responsible course of action.

He says MMH CEO Rosie Mercer should retract her praise of Mr Gibson.

“Let’s be absolutely clear – there are families who will be missing someone this Christmas because of avoidable workplace deaths. Marsden Maritime Holdings should be ashamed at this insult to the memories of workers who lost their lives.”

He says the Maritime Union would be following the issue up with Northland Regional Council and would be seeking the removal of Mr Gibson from the MMH Board.

The Maritime Union would continue to campaign for corporate manslaughter laws.

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New Port Code could save lives on the waterfront

Source: Maritime Union of New Zealand

The Maritime Union of New Zealand says the new Approved Code of Practice (ACOP) for loading and unloading cargo at ports and on ships could save lives and prevent serious harm on the waterfront.

The ACOP was launched this morning at Port of Auckland as the result of work by the Port Health and Safety Leadership Group made up of port unions, ports and stevedoring companies, the Port Industry Association, and regulator Maritime NZ.

Maritime Union of New Zealand National Secretary Carl Findlay says the Union has been campaigning for a national industry code of practice for years.

He says the ACOP provides clear guidelines to ensure the safety and health of workers involved in loading and unloading cargo at ports. 

“There has been a terrible history of death and injuries over the years in New Zealand ports, and the ACOP will play a major role in prioritizing the health and safety of port workers.”

Mr Findlay says including the workers on the job perspective has been an essential part of developing the ACOP.

He says the task now is to ensure the ACOP is adhered to by employers and understood by port workers.

“The key is making sure the ACOP is having an impact on the day to day practices at ports where Unions are the worker’s voice on the job.”

Mr Findlay says there has been further progress in the industry with the development of fatigue risk management systems and the extension of Maritime NZ’s designation to cover the entire port.

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Maritime Union welcomes conviction of ex Port of Auckland CEO Tony Gibson

Source: Maritime Union of New Zealand

The Maritime Union of New Zealand has welcomed the conviction of former Ports of Auckland CEO Tony Gibson on a health and safety charge.

Mr Gibson was found guilty by Judge Bonnar in the Auckland District Court this morning.

Charges were laid against Mr Gibson by industry regulator Maritime New Zealand under the Health and Safety at Work Act (2015) following the death of POAL employee Mr Pala’amo (Amo) Kalati on 30 August 2020.

The Court found Mr Gibson failed to ensure adequate systems were in place to manage critical risks, particularly around crane operations and exclusion zones.

Maritime Union of New Zealand National Secretary Carl Findlay says the conviction brings to an end “an era of failure at the highest levels of Port of Auckland which had tragic outcomes for workers, their families and their colleagues.”

Mr Findlay says the Maritime Union made repeated attempts to draw attention to health and safety concerns at POAL during Mr Gibson’s tenure, which were minimized and downplayed.

“This conviction vindicates the stance of our Union but it sadly comes too late for those who died due to the failure to ensure a safe workplace.”

He says thoughts today should go out to the families and those left behind after deaths on the waterfront.

“Today’s outcome sends a message that workers lives mean something, and that highly paid decision makers are accountable for their decisions.” 

“We hope other senior managers and Board members reflect and gain insight into the effect on innocent working people when health and safety is not prioritized.”

He says new management at the Ports of Auckland have taken a positive approach to engaging with workers and the Union, and this has resulted in health and safety and the wellbeing of workers at the Port becoming a priority.

“Following the ignominious resignation and departure of Mr Gibson in 2021, the Maritime Union has worked together successfully with new management at POAL and stevedoring companies in Auckland to develop a code of practice to ensure best safety practices in stevedoring.”

The Maritime Union would continue to campaign for corporate manslaughter laws that reflected its view – “Kill a worker, go to jail.”

This is the first time a chief executive from a company of POAL’s size had been charged under the Health and Safety at Work Act 2015.

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Victory for Lyttelton Port Workers against unlawful health monitoring

Source: Maritime Union of New Zealand

The Maritime Union of New Zealand (MUNZ) has welcomed this week’s decision by the Employment Relations Authority (ERA) which has ruled against Lyttelton Port Company’s (LPC) attempt to unilaterally impose a mandatory health monitoring policy on MUNZ members. 

MUNZ Assistant National Secretary Ray Fife says the outcome is a major win for the rights and well-being of port workers, ensuring that health monitoring procedures must be subject to collective bargaining and cannot be forced without agreement.

The dispute arose after LPC introduced a mandatory health monitoring policy in July 2024, covering aspects such as cardiovascular disease, diabetes, and mobility, alongside hearing, sight, and respiratory testing. 

MUNZ says the policy went beyond the scope of the collective agreement between LPC and the union.

This week’s decision by the ERA has confirmed the Health Monitoring Policy was inconsistent with the Collective Employment Agreement and therefore unlawful.

The decision reaffirms that LPC cannot expand health testing requirements beyond those agreed upon without the union’s consent, says Mr Fife.

“This determination by the ERA reinforces the importance of collective bargaining in protecting workers’ rights.”

Mr Fife says MUNZ has ensured any changes affecting workers’ health and privacy must be done through negotiation.

He says the ERA ruling highlights the need for employers to act in good faith and respect the agreements they have signed with workers. 

MUNZ remains committed to ensuring that any future health and safety measures at Lyttelton Port are implemented with full consultation and agreement.

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Connemara failure highlights urgent need to address ferry fiasco

Source: Maritime Union of New Zealand

The power loss of the Bluebridge ferry Connemara in the Cook Strait last night highlights the importance of a resilient publicly-owned interisland ferry service, says the Maritime Union of New Zealand (MUNZ).

MUNZ National Secretary Carl Findlay says this issue with the Bluebridge service alongside other previous issues demonstrates the need for high-quality and fit for purpose ferries on the strait. 

“Once again it’s just been a matter of the quick thinking of a highly skilled crew and good luck with the conditions that there has been a safe recovery of the vessel and people aboard.

“We can’t keep relying on luck.

“Cook Strait is the most critical route for New Zealand’s freight transport system and it needs to be resilient. That means public owned and rail enabled ferries that are reliable, safe, and fit for purpose.

“It’s worth noting that the Connemara is much newer than the ships run by Kiwirail and was built by the provider rumoured to be the Government’s frontrunner for new interislander ferries, StenaLine.

“Just last month the shareholding Minister, Nicola Willis, was in Parliament touting the benefits of private ferries. This shows once again how wrong-headed that statement and her decision to cancel the iRex project was.

“It’s getting close to a year without a decision or even the final negotiation of the iReX cancellation that is likely to cost us hundreds of millions of dollars.

“The government needs to swallow its pride and go back to Hyundai to negotiate the iReX deal.

“It’ll cost us more now because of this government’s rash decision to cancel the original deal but nowhere near as much as how much a failed ferry system will cost our freight customers, our economy, and the safety of our crews and passengers.”

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Manahau crew being denied access to representation

Source: Maritime Union of New Zealand

The Manahau barge grounding at Westport could have led to a disaster, but crew are being prevented from talking to Union representatives. 

Maritime Union of New Zealand National Secretary Carl Findlay says there are serious questions emerging about the incident.

He says the grounding of the Manahau could have resulted in the loss of life and the loss of the ship if the vessel had come ashore elsewhere on the West Coast.

It was proving very difficult to talk to the Indonesian and Myanmar crew on the Manahau, and the Union was taking legal action, says Mr Findlay.

“Our representatives were blocked from visiting the Manahau by port security acting on the instructions of operator WMS and the company continues to try and prevent crew from accessing representation and support.”

Yesterday evening a Union lawyer and officials had a pre-arranged meeting with crew and the meeting was interrupted by a company representative who drove off with crew members.

“We are extremely concerned about the attitude of WMS, the company who operates the Manahau, and its approach to the rights of crew and legitimate public interest in this debacle.”

Mr Findlay says it appears the situation is being controlled by the private company responsible for the problem in the first place, and authorities needed to step up and assert themselves.

The Maritime Union is affiliated to the International Transport Workers’ Federation (ITF) representing over 1 million seafarers in more than 200 seafarers’ unions across 106 countries.

Maritime Union officials are empowered to act as ITF inspectors aboard ships.

“Crew members should have independent support and advice, as the company that put them on this vessel can’t be trusted to do the right thing.”

Mr Findlay says information about the seaworthiness of the Manahau has been forwarded to the Union by several experienced maritime professionals who have had interactions with WMS.

“Some key concerns expressed were the Manahau was underpowered for the rugged West Coast maritime environment, and more suitable for shallow river work.”

Another concern was that a well-informed New Zealand crew with local knowledge and nautical information would not have anchored in Buller Bay during the forecast bad weather.

The 97.53-metre and 3706-GT self-powered barge Manahau had only just come into service in August 2024 carrying mineral sands out of shallow draught port Westport.

Mr Findlay says the Manahau had a foreign crew and the flag state was Niue, despite being supported by coastal shipping funding from the Government. 

He says the Maritime Union supports funding for New Zealand coastal vessels, but in this case taxpayer money had gone towards what appeared to be an inappropriate vessel employing an overseas crew that was not even flagged to New Zealand.

“There were undertakings made by the Government and the company that seafarer jobs would be created, and what we see instead is a cynical exploitation of loopholes and shortcuts.”

“New Zealand needs to build its coastal shipping capacity, and that means New Zealand owned, operated and crewed ships operating at accepted and high quality standards.”

Mr Findlay noted the tragic loss of the collier Kaitawa in May 1966, which sailed out of Westport and travelled up the west coast with coal bound for Portland cement works in Whangarei via the North Cape.

The Kaitawa encountered heavy seas off Cape Reinga and foundered on the Pandora Bank in heavy seas, and sank with loss of all 29 crew.

“The Maritime Union do not want to see a similar situation and we say the Manahau should be removed from service pending full investigation into its suitability.”

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Kaitaki sentencing underscores need for new ferries

Source: Maritime Union of New Zealand

The sentencing of KiwiRail today for a 2023 incident on the Kaitaki interisland ferry highlights the urgent need for replacement ferries, says the Maritime Union of New Zealand.

KiwiRail was fined $432,500 for a charge under the Health and Safety at Work Act brought by industry regulator Maritime New Zealand, following loss of engine power on the Interislander ferry Kaitaki on Saturday 28 January 2023. 

Hundreds of passengers and crew were left adrift on the ferry in severe weather conditions and a ‘May Day’ call was issued as the ferry drifted towards the Wellington coast, before power was restored.

Maritime Union of New Zealand National Secretary Carl Findlay says the failure should never have happened. 

“It’s pretty clear that this is a failure by KiwiRail to do some basic maintenance. They’ve copped that and so they should.

“But you can’t look at this without the bigger picture. This is critical infrastructure that is ageing out and has been underfunded by successive governments for years.

“As far as MUNZ is concerned the last government’s plan to replace this fleet with the iRex project was already coming later than it should have.

“The cancellation of the new ferry deal by Minister of Finance Nicola Willis has put us back to square one at massive expense to the taxpayer. It’s gross negligence.

“The Government must provide a plan and a timeline for safe, publicly owned and rail enabled ferries as soon as possible.

“If they don’t. it should be them standing in the dock if this kind of failure happens again.”

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Grounding of Manahau barge at Westport raises major questions

Source: Maritime Union of New Zealand

The Maritime Union says the grounding of the barge Manahau overnight near Westport raises major questions.

Maritime Union of New Zealand National Secretary Carl Findlay says concerns had been previously raised by New Zealand seafarers about the foreign crew and flag of the barge.

He says the cause of the grounding has yet to be confirmed, but the difficult local conditions at Westport including recent poor weather would be obvious issues to consider.

There had been no reports of injuries, which was fortunate as the West Coast was a notoriously treacherous maritime environment.

The 97.53-metre and 3706-GT self-powered barge Manahau had only just come into service in August 2024 carrying mineral sands out of shallow draught port Westport to Nelson.

Mr Findlay says the Manahau did not have a New Zealand crew and the flag state was Niue. 

“Vessels such as the Manahau operating in New Zealand’s unique and challenging maritime environment should be crewed by experienced New Zealand seafarers.”

The operators of the Manahau had benefited from Government funding for the vessel.

Mr Findlay says it had been extremely disappointing to see this substantial Government funding go towards a vessel operating in New Zealand waters that was neither New Zealand flagged nor crewed.

“In the last several years, we saw an upsurge in New Zealand crewed coastal shipping, but this is now going backwards with the loss of coastal shipping services, or in this case, failing to provide jobs for skilled local crews.” 

“New Zealand needs to build its coastal shipping capacity, and that means New Zealand owned, operated and crewed ships.”

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Concerns with health and safety approach at Lyttelton Port Company

Source: Maritime Union of New Zealand

The Maritime Union of New Zealand says it has concerns about the approach of the Lyttelton Port Company (LPC) to mandatory fitness tests.

The concerns come after the sentencing of LPC in July 2024, following the death of MUNZ member Don Grant while loading coal on the ETG Aquarius in April 2022.

LPC pleaded guilty in November 2023 to one charge under the Health and Safety at Work Act 2015 brought by industry regulator Maritime NZ.

Maritime Union National Secretary Carl Findlay says workers have welcomed the guilty plea and sentencing, but have concerns about the current approach of LPC to listening to its workers.

Mr Findlay says a lot has changed since the tragic death of Mr Grant, a friend and much loved colleague at Lyttelton.

“This is not only in work practices involving coal operations, but in Management and Governance and the relationships between LPC and Unions.”

Mr Findlay says LPC has many new members on the Board and a new Chair Barry Bragg.

LPC also have their third CEO in a short time in Graham Sumner, following the resignation of former CEO Kirstie Gardener and interim CEO Jim Quinn.

Mr Findlay says LPC have now announced a new mandatory fitness for work program for all employees.

He says this has been pushed through without regard to workers concerns over their financial protection and wellbeing of any members who fail the assessment, with the ultimate result of people losing employment if they don’t meet the standard. 

“In short, MUNZ see this as a breach of good faith and LPC not honouring our Collective Employment Agreement.”

Mr Findlay says the Union is agreeable to fitness for work health monitoring, but want LPC to negotiate in good faith.

He says LPC are imposing a fitness for work test and the consultation process was not working.

“MUNZ is very concerned how the death of a worker has been used to implement new policies without bringing along workers and listening to their voices.” 

Mr Findlay says workforce morale is sinking with a lack of commitment shown towards LPC by some Council leaders, and the ongoing churn of management and Board members.

“Former LPC CEOs Roger Gray and Kirstie Gardener took part in open engagement with the unions, and LPC container terminal was the 35th best performing terminal out of the top 415 terminals in the world.”

“Unfortunately, with ongoing changes at the top and a less open approach by Management,  LPC container terminal has now dropped to 385 in the list of the top 415 terminals in the world.”

MUNZ and LPC are attending mediation on 16 August on the issue of health monitoring.

“We are confident we can find a way forward with not only LPC, but also CCHL who manage LPC on behalf of Christchurch City Council.”

MUNZ is committed to ensuring the safety and wellbeing of not only our members, but all workers in the port of Lyttelton, says Mr Findlay.

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Ferry report does not solve the big problem

Source: Maritime Union of New Zealand

The Maritime Union has sounded a note of caution about the seaworthiness of Interislander ferries.
KiwiRail has today released a summary of a maritime assessment of the three Interislander ferries carried out by DNV, which says the ships are in reasonable condition.
Maritime Union of New Zealand National Secretary Carl Findlay says the Union appreciates the efforts being made by KiwiRail, but members on the ferries had real concerns about health and safety.
“Our members crew those ferries, so if something does go wrong they are placed in danger.”
Mr Findlay says the Union is treating the conclusions of the DNV report with caution.
He says keeping the current vessels running until the end of the decade is a stop gap measure at best.
“There have been a number of technical issues with the ferries already, some with potentially very serious outcomes, and the fact remains that there are many ageing systems and components in service on the ferries.”
Mr Findlay says that KiwiRail has been put in an impossible position.
“KiwiRail doesn’t really have any choice but to soldier on with end of life vessels and push up maintenance costs and maintenance time for the ships.”
He says the main problem remains – there is no clear indication yet what the Government has planned in place of the iRex project it dumped last year.
Mr Findlay says the full cost of abandoning the iRex project is yet to be determined and would possibly wipe out any savings on new ferries and terminal infrastructure.