Case Law: Gibson v Maritime New Zealand [2026] NZHC 813

On appeal, the High Court has now confirmed the conviction of Ports of Auckland CEO Anthony Gibson for breaching his due diligence duty under the Health and Safety at Work Act 2015 (HSWA).

This decision is important for all employers, not just large organisations. It reinforces a clear message: Having policies and systems is not enough, leaders must actively ensure that safety controls are working in practice.

Background

The case arose from a fatal accident in August 2020 where a worker, Pala’amo Kalati, was killed by a falling container while working near an operating crane.

Although the Ports of Auckland admitted to safety failures, Maritime New Zealand continued to prosecute the CEO personally for his role relating to the incident.

Mr Gibson was fined $130,000 and he was ordered to pay $60,000 in costs.

The High Court’s Findings

The Court accepted that Mr Gibson:

• was committed to health and safety
• introduced multiple safety initiatives
• invested in systems and resources

Despite the business having systems in place, they were ineffective in practice, particularly in monitoring work, and how it was done. Specifically, exclusion zones, employee monitoring and health and safety responses were inadequate.

Whether an officer has adequately exercised due diligence is an objective assessment based on what a reasonable officer would do in the circumstances.

Outcome

The High Court found that the District Court Judge’s cost award of $60,000 was appropriate and within the correct range given the nature of the case, the amount of the fine and the actual legal costs incurred.

The penalty of $130,000 was also upheld, with the combined sanction being found as not manifestly excessive.

Key Takeaways for Employers

This case highlights several important principles for employers:

• Delegation does not remove officer responsibility. Officers are accountable for failure to ensure that policies are being applied in practice regardless of how they are delegated.
• There is increased scrutiny on officer’s conduct in large organisations and the serious consequences that they may personally be liable for.
• Boards should consider what processes are in place that ensure that policies and plans are being followed in practice.

Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.