Maritime safety watchdogs hope a grieving family get some closure after a former Port of Auckland chief executive was found guilty in relation to the death of stevedore Pala’amo Kalati.

Judge Steve Bonnar KC’s reserved decision into the Tony Gibson case has been released, six months after the trial ended.

Tony Gibson giving evidence in the dock at Auckland District Court in May. Photo / Jason Oxenham

Gibson might still appeal the decision. His lawyer John Billington KC today said he’d not had a chance to clarify Gibson’s position on that, so he could not yet comment.

Maritime NZ Director Kirstie Hewlett said she hoped the decision would help bring closure for Kalati’s loved ones and help clarify the health and safety role of senior officers in large companies.

“I want to extend our deepest sympathies to Mr Kalati’s family, loved ones, and colleagues,” Hewlett said.

“The law Mr Gibson was prosecuted under was introduced following the Pike River tragedy to ensure officers of large companies take responsibility for the health and safety of their workers,” she added.

“We hope this result provides useful case law and clarification around the obligations, and helps prevent future tragedies.”

Kalati was killed in August 2020 when a container fell down and crushed him in an accident while loading containers on the MV Constantinos P ship berthed at the port.

He’d been working at the port since April that year.

Port of Auckland (POAL) was also charged and sentenced in late 2023 to a fine of $561,000.

At his trial in May, Gibson spoke of his love for the port, his honour to have led the organisation and what he described as his unwavering commitment to keeping people safe.

He faced two charges and was found guilty of failing to comply with his duty to exercise due diligence to ensure POAL complied with its duties under health and safety legislation.

A less serious alternative charge was dismissed.

Judge Bonnar’s decision comes just a few days ahead of a major safety event at the port.

This Friday, several Cabinet ministers are expected to attend the launch of the new approved code of practice for loading and unloading cargo at all commercial ports.

John Weekes has covered crime and courts for publications including the Herald, Herald on Sunday, Dominion Post, and for News Corp, Australia.