Directors beware: Lessons from landmark Ports of Auckland case

Tony Gibson is the first NZ CEO to be charged over a workplace fatality. (Image: Jason Oxenham)

Fri, 07 Jun 2024

The recent prosecution of former Ports of Auckland chief executive Tony Gibson has put the spotlight squarely on the due diligence duty of officers under the Health and Safety at Work Act 2015. Gibson was an officer under the act (HSWA) because his position as chief executive allowed him to exercise significant influence over management of the port. As an officer, Gibson was required to take appropriate and proactive steps to ensure that the port complied with its health and safety obligations.As one of New Zealand's most high-profile...

Subscribe to BusinessDesk

Stay informed on business, government and financial developments across New Zealand.

Stay informed on business, government and financial developments across New Zealand.
Deeply researched, twice-edited and fact-checked news
Annual subscribers also receive a complimentary subscription to The Wall Street Journal
Personalised email news alerts, plus gift up to 5 stories a month to non-subscribers

You can cancel anytime with two clicks, an email or a phone call.
Find out more.

We are serious about journalism.

Name {{ registerForm.errors.get('name') }}

Email address {{ registerForm.errors.get('email') }}

Phone Number {{ registerForm.errors.get('phone') }}

Job Title {{ registerForm.errors.get('title') }}

Password Minimum password length of 8 characters.
Require at least one upper and lowercase, numeric, and special character. {{ registerForm.errors.get('password') }}

Repeat password {{ registerForm.errors.get('password_confirmation') }}

We had trouble validating your card. It's possible your card provider is preventing us from charging the card. Please contact your card provider or customer support.

Credit Card

Cardholder's name

{{ __(plans[index].name) | capitalize }} {{ plans[index].attributes.old_price | currency }} {{ plans[index].price | currency }}

All subscriptions auto renew but are easy to cancel.

I Accept The Terms Of Service

{{ registerForm.errors.get('terms') }}

Tax: {{ taxAmount(selectedPlan) | currency }}

Total Price Including Tax: {{ priceWithTax(selectedPlan) | currency }} {{ selectedPlan.type == 'user' && spark.chargesUsersPerSeat ? '/ '+ spark.seatName : '' }} {{ selectedPlan.type == 'user' && spark.chargesUsersPerTeam ? '/ '+ __('teams.team') : '' }} / {{ __(selectedPlan.interval) | capitalize }}

Work

For Pete's sake, will you please shut up and let me work!

Tips for politely fending off chatty co-workers so you can do what you're paid for.

The Washington Post 5:00am

World Opinion

Seriously, can’t AI think of better names for itself?

Product nomenclature, from the best (Ziploc) to the worst (Snödrottning).

The Wall Street Journal 5:00am

Seriously, can’t AI think of better names for itself?

On the Money

On the Money: Bishop's netball foray, Halbergs, and more

We break down a netball exhibition match and explore a Trans-Tasman rumour about NZME.

Dileepa Fonseka 22 Feb 2025

On the Money: Bishop's netball foray, Halbergs, and more

Sponsored

A taste of NZ luxury at 40,000ft

Singapore Airlines upgrades in-flight dining with Sid Sahrawat.

Singapore Airlines

Sponsored

Study NZ’s top MBA – on your terms

A world-class master's that fits around work and family life.

University of Aukland Business School

More Law & Regulation

Law & Regulation

Former POAL CEO Tony Gibson to pay $190,000 for worker's death

Former Ports of Auckland (POAL) chief executive Tony Gibson has been sentenced more than four years after a young father was killed in a workplace accident.Gibson was found guilty last year after the death of stevedore Pala’amo Kalati, who was crushed by a falling container in Au...

Staff reporters 21 Feb 2025