The recent conviction of the former Ports of Auckland CEO Tony Gibson in relation to a workplace death has sent a sobering reminder to all directors and business leaders in New Zealand: health and safety is not optional. Here’s what we can learn from this tragic case and how you can safeguard your business and your people.
Key Findings from the Case
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Failure of Duty of Care: The court found that critical health and safety risks were overlooked, contributing to the incident.
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Inadequate Systems: Safety protocols were either insufficient or poorly enforced.
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Personal Accountability: As the CEO, ultimate responsibility for ensuring a safe workplace was not met.
What is Director Liability
Under New Zealand’s Health and Safety at Work Act 2015, directors and officers of a business have a legal duty to ensure their organisation is meeting its health and safety obligations. This includes:
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Proactively identifying and managing risks.
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Implementing effective safety systems.
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​Continuously monitoring and improving health and safety practices.
Failing to meet these responsibilities can result in significant fines, personal liability, and in some cases, criminal charges.
How to Avoid Potential Liability
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Understand Your Duties: Directors and executives must be fully aware of their legal obligations under New Zealand law.
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Risk Assessments: Regularly review and document workplace hazards and risks.
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Establish Robust Systems: Create and enforce clear safety policies and procedures.
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Training and Culture: Ensure all staff, from senior leadership to frontline workers, understand and prioritise health and safety.
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​Monitor and Audit: Continuously track health and safety performance through audits and reporting.
This case underscores the critical importance of strong leadership and accountability in health and safety. At Moore Markhams we are here to help you navigate your governance responsibilities with confidence.
If you are unsure about your director duties or need support implementing effective systems, reach out to us today. Let’s work together to protect your people—and your future.