Maritime Union strongly critical of Tony Gibson appeal

Source: Maritime Union of New Zealand

The Maritime Union says an appeal by former Port of Auckland CEO Tony Gibson against health and safety conviction should be dismissed.

On 26 November 2024, the Auckland District Court held that former Ports of Auckland (POAL) CEO Tony Gibson had failed to exercise his duty of due diligence as an officer of a PCBU (Person conducting a business or undertaking) under the Health and Safety at Work Act 2015.

Industry regulator Maritime NZ laid charges against Mr Gibson after the death of a stevedore, Pala’amo Kalati, in 2020.

The Union understands an appeal has been lodged.

Maritime Union of New Zealand National Secretary Carl Findlay says the conviction of Mr Gibson was an important public recognition of the harm he had caused.

“One thing we found when Tony Gibson was in charge at the Port was that he always saw himself as right, and saw everyone else as wrong.”

“This attitude would have fatal consequences.”

He says Mr Gibson’s regime at Port of Auckland saw multiple deaths and serious injuries, sustained attacks on the workforce, and a failed automation project that cost Aucklanders hundreds of millions of dollars.

Mr Findlay says the successful recovery of the Port of Auckland since Mr Gibson’s resignation in 2021 confirm previous problems were down to poor management.

“It has taken several years to turn around the Port but we have done it.”

Mr Findlay says the recent reappointment of Tony Gibson to a board position at Marsden Maritime Holdings (MMH) in Northland is a travesty.

“There is no way Tony Gibson should have been appointed to any senior business role, let alone the Board of a maritime and port company.”

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.

The Maritime Union will continue to campaign for corporate manslaughter laws and was seeking the removal of Mr Gibson from the Board of Marsden Maritime Holdings.

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.