Port of Auckland fined in dock worker death case

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Port of Auckland Limited (POAL) was today fined NZD 500,000 (about US $310,000) after pleading guilty to two charges under New Zealand’s Health and Safety at Work Act 2015. The charges were filed by Maritime New Zealand after dock worker Pala’amo Kalati was killed by a falling container on August 30, 2020.

Following the fatality, a comprehensive investigation was undertaken by Maritime NZ.

Maritime NZ Director Kirstie Hewlett said that Kalati’s death was a manifestation of the risk caused and contributed to by POAL’s failures around dock worker safety.

“Those failures were long standing and systemic, putting many dock workers at risk for an extended period of time,” Hewlett said.

Maritime NZ notes that changes had been made to made to Port of Auckland processes around the time of the incident due to the COVID-19 pandemic. This had lessened oversight of work such as that occurring when the fatal incident happened.

Prior to the incident occurring, Kalati and a colleague were working on board as lashers discharging containers from the MV Constantinos P.

A crane was operating adjacent to the two men. It was lifting pairs of containers off the vessel when a third container was accidentally lifted as well. The third container detached and fell, killing Kalati.

“This tragic incident as well as two other fatal incidents in April 2022, highlighted the need to review and make changes to health and safety on New Zealand ports,” said Hewlett. “It is good to see POAL take responsibility for its actions and pleading guilty.”

“Over the last 20 months, Maritime NZ alongside our partners in the Port Health and Safety Leadership Group has undertaken a significant program of work to reduce harm on New Zealand’s ports,” Hewlett added. “Since the Leadership Group was set-up POAL has and continues to be a key contributor in the work to bring down instances of harm on New Zealand ports.”

“We want there to be a culture in the sector that reflects the need to take a safety-first approach to operations. Port workers need to be safe at work.” Hewlett concluded.

• In its reporting on the story, the New Zealand Herald newspaper reports that, in 2022, former Port of Auckland chief executive Tony Gibson pleaded not guilty to two charges in relation to Kalati’s death. The charges were unprecedented for an executive of a major New Zealand company and could bring NZD 400,000 in fines, should Gibson be found guilty.