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Tony Gibson case ‘proving ground’ for due diligence law

Similar case in Australia could indicate which way the due diligence charges brought by Maritime NZ against Port of Auckland former CEO will swing.

Tony Gibson, facing up to $300,000 in fines under test case.

Key points
  • What’s at stake: A landmark case where the CEO of a major company has been held personally accountable under the law for a work fatality, could have other company officers scrutinising the fine print of their H&S plans.
  • Background: The former CEO of the Port of Auckland, Tony Gibson, was charged under the Health and Safety at Work Act for a workplace fatality, with the decision likely to provide some guidance for both executives and directors as to how to comply with due diligence obligations under the Act.
  • Main players: Port of Auckland, Maritime NZ, Tony Gibson, Duncan Cotterill, Steve Bonnar, John Billington.

 

Former Ports of Auckland chief executive Tony Gibson could know his fate within two months after a landmark case which could see him become the first conviction for failing in a duty to protect workers.

Gibson last month pleaded not guilty to two charges brought by Maritime NZ in August 2021, under

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Brent Melville Wed, 12 Jun 2024
Contact the Writer: bmelville@nbr.co.nz
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Key points
  • What’s at stake: A landmark case where the CEO of a major company has been held personally accountable under the law for a work fatality, could have other company officers scrutinising the fine print of their H&S plans.
  • Background: The former CEO of the Port of Auckland, Tony Gibson, was charged under the Health and Safety at Work Act for a workplace fatality, with the decision likely to provide some guidance for both executives and directors as to how to comply with due diligence obligations under the Act.
  • Main players: Port of Auckland, Maritime NZ, Tony Gibson, Duncan Cotterill, Steve Bonnar, John Billington.

 

Tony Gibson case ‘proving ground’ for due diligence law
Law,
104448
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