A landmark New Zealand ruling puts corporate officers on notice over workplace safety obligations
Senior executives across New Zealand are being urged to take a hard look at their own roles following a landmark workplace safety ruling that has redefined what due diligence means at the top of large organisations.
The call follows the New Zealand High Court's dismissal in March of an appeal by Anthony Gibson, former chief executive officer of Ports of Auckland Limited (POAL), who was convicted of failing to exercise due diligence under New Zealand's Health and Safety at Work Act 2015.
It is the first time a senior executive of a large, complex organisation has been convicted under work health and safety laws in either jurisdiction.
In the wake of the ruling, Hall & Wilcox special counsel Nicholas Beech said the decision provides useful guidance on key elements of the due diligence duty owed by officers of large firms.
"Officers should look to conduct a comprehensive and thorough examination of their role and responsibilities within the full context of the structure and operations of the PCBU to reduce the risk of due diligence compliance gaps," Beech said in the insight.
The case arose from the August 2020 death of stevedore Pala'amo Kalati, 31, who was fatally crushed when a shipping container fell from a crane during a night shift.
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