Maritime NZ files charges for Auckland port worker death

12 August 2021

Maritime New Zealand files HSWA charges against Ports of Auckland

This media statement can be attributed to Ms Kirstie Hewlett, Director of Maritime New Zealand.

Maritime NZ has today filed charges against Ports of Auckland Ltd (POAL) and an individual in relation to the death of a port worker almost a year ago.

Mr Pala’amo (Amo) Kalati was killed on 30 August 2020 after being crushed when a container was dropped during a lifting operation.

The following charges have been filed in the Auckland District Court - a court date has not yet been set:

  • POAL has been charged under sections 47, 48 and 90 of the Health and Safety at Work Act 2015.
  • An individual has been charged under sections 48 and 49 of the Health and Safety at Work Act 2015.

Maritime NZ has issued this media release as this case is of high public interest and to also provide consistent information to media and others who have regularly asked about the outcome of its investigation into the death of Mr Kalati at POAL.

It is the only public statement Maritime NZ plans to make while the matter is before the Court.

Notes to the editor:

  • Section 47 establishes an offence of reckless conduct in respect of a health and safety duty and carries a maximum penalty of fine of up to $3 million dollars
  • Section 48 is an offence of failing to comply with a duty that exposes an individual to the risk of death or serious injury with a maximum penalty of $1.5 million
  • Section 90 prohibits adverse conduct for a prohibited health and safety reason with a penalty of up to $500,000.
  • Section 49 establishes an offence of failing to comply with a health and safety duty with a penalty of up to $50,000 for an individual and $100,000 for an officer
  • Section 48 is an offence of failing to comply with health and safety duty that exposes an individual to the risk of death or serious injury with a maximum penalty of $150,000 for an individual and $300,000 for an officer of the company.

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