Pala'amo Kalati was crushed when a container was dropped during a lifting operation in August 2020. Photo / NZME
Charges have been laid against Ports of Auckland and an individual over the death of a port worker last year.
Pala'amo (Amo) Kalati was killed after being crushed when a container was dropped during a lifting operation in August 2020, Maritime New Zealand said.
Kalati, 31, a father of seven, died on a ship at the Fergusson Container Terminal.
A Givealittle page was set up by Kalati's brother-in-law raised $41,555 to cover funeral costs.
Maritime New Zealand has filed charges in the Auckland District Court under the Health and Safety at Work Act 2015.
Ports of Auckland has been charged with reckless conduct in respect of a health and safety duty, failing to comply with a duty that exposes an individual to the risk of death or serious injury and adverse conduct for a prohibited health and safety reason.
It could be fined up to $3 million if convicted.
An individual has been separately charged with failing to comply with health and safety duty that exposes an individual to the risk of death or serious injury and failing to comply with a health and safety duty.
Ports of Auckland said it could not comment now the matter is before the courts.
A spokesperson told the Herald they had not seen the charging documents yet.
At the time of Kalati's death, Ports of Auckland said it was "absolutely devastated by the death".
Auckland mayor Phil Goff said Katati's death was a "tragedy" and followed several other deaths and serious injuries at the port in recent years.
"Everyone should be able to go home safely at the end of the work day, and that's why I moved decisively to implement a total review of the processes and culture of health and safety at the port, and why council has taken steps to ensure that there is health and safety expertise on the port's board of directors," he said.
Goff said he was confident changes being implemented after an independent review "will achieve the turnaround that is necessary".
"The independent review focused on systemic issues and did not investigate Mr Kalati's death."
The review released in March — by Construction Health and Safety New Zealand (CHASNZ) — found a need for significant improvement at Ports of Auckland.
Goff said implementation of a blueprint "to ensure there is a culture of health and safety" was underway with independent oversight.
Chief executive at the time, Tony Gibson, announced his resignation and stepped down at the end of June, citing damaging personal attacks.
The charges were a "logical outcome", First Union president Robert Reid said.
"It is good that Maritime New Zealand are laying these charges, it is good the previous CEO has resigned and there just has to be absolute culture change on that port to ensure that this litany of deaths and serious harm accidents does stop."
He said the most important thing was a culture change at the port to prevent further deaths or court cases.
"I'm very pleased Maritime NZ are laying these charges but I be will be even more pleased when workplace culture has been established at the port and the port union and management are able to work on that and we don't hear about deaths or serious harm accidents going into the future."
This is not the first time court action has been taken against Ports of Auckland for a worker death.
Ports of Auckland was fined $540,000 in December last year after a "systemic failure" to maintain and monitor a culture of compliance, which included operating a bonus scheme to reward workers for productivity at the expense of safety.
Ports of Auckland was prosecuted by WorkSafe after the death of one of its drivers in 2018.
During the early hours of August 27, 2018 a straddle truck - a huge freight-carrying vehicle capable of lifting and transporting shipping containers - tipped over.
Trapped and badly injured on Fergusson Wharf was young driver Laboom Midnight Dyer, who had worked for the ports since 2015 and been a straddle driver since 2016.
The 23-year-old was taken to Auckland Hospital in a critical condition and died from his injuries on September 2.
The port pleaded guilty to one charge under the Health and Safety at Work Act 2015.
Ports of Auckland was fined 424,000 for breaching harbour speed limits after one of its pilot boats was involved in a "tragic accident".
Leslie Gelberger, a Westlake Girls' High School teacher, died in April 2017 after being struck by a boat while swimming off Narrow Neck Beach and Cheltenham Beach.
His body was found by a passing ferry floating near Mairangi Bay the next day.
Maritime Union of New Zealand (MUNZ) and Rail and Maritime Transport Union of New Zealand (RMTU) called for Ports of Auckland's chair Liz Coutts to return an award for business excellence and leadership in 2020, after the series of workplace deaths and accidents.
One person died and another was injured after a tornado ripped through a Ports of Auckland shipping container yard in Wiri, South Auckland in June.
Dozens of stacked shipping containers collapsed on Wiri Station Rd, Wiri, when a tornado hit the area around 8.30am.
It is understood the fallen shipping containers may not be directly responsible for the death.
Auckland mayor Phil Goff said he understood the deceased worker was a contractor not employed directly for Ports of Auckland.
Wayne Dewes died in hospital from severe injuries.