SIMIC

Pala'amo (Amo) Kalati was killed on August 30, 2020, after being crushed when a container was dropped during a lifting operation in Auckland, reports Container News.

The following charges were filed last week in the Auckland District Court: POAL has been charged under sections 47, 48 and 90 of the Health and Safety at Work Act 2015, and an individual has been charged under sections 48 and 49 of the Health and Safety at Work Act 2015.

At the time of publication, Ports of Auckland has not responded to Container News' request for comment.

Kirstie Hewlett, director of Maritime New Zealand, noted that "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 Kalati at POAL."

She added that Maritime NZ is not expected to publish any other public statement on this issue, while the matter is before the court, whose date has not yet been set.

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 US$2.1 million, while 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 million.

Section 90 prohibits adverse conduct for a prohibited health and safety reason with a penalty of up to $350,000; Section 49 establishes an offence of failing to comply with a health and safety duty with a penalty of up to $35,000 for an individual and $70,000 for an officer; and 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 $105,100 million for an individual and $210,200 for an officer of the company.