Union calls for tougher laws after stevedore falls from cargo ship at Port Nelson
The port company was also ordered to pay $5000 in emotional harm reparation to the victim, who suffered not only physical injuries but a form of post trauma disorder from the near-death experience.
He told the Nelson District Court during sentencing earlier this month that he thought he would drown after falling into the sea at night, not knowing which way was up or down.
'Falling from a great height into the water was terrifying. I thought I was going to die,' the man read from his victim impact statement.
Port Nelson Ltd had earlier pleaded guilty to a charge brought by Maritime NZ under the Health and Safety at Work Act, around its failure to provide a duty of care in a work environment.
Judge Jo Rielly acknowledged at sentencing that problems with the guard rails on the container ship had previously been flagged, but for a number of reasons it appeared the message had failed to reach the right people.
'The focus must be on Port Nelson's role in what occurred in this incident, but it's clear they were not the only company that had a role in events,' she said.
The Rail and Maritime Transport Union said the sentencing outcome showed the 'urgent need' for stronger health and safety enforcement in New Zealand ports, but the spotlight also needed to go on the seaworthiness and safety of international vessels calling at New Zealand ports.
Union general secretary Todd Valster said that while the fine acknowledged a breach of duty by the port company, the issue was a systemic one.
He said the fact that known issues with the ship's guard rails were not adequately addressed was a serious indictment.
'This was a horrifying ordeal for our member that could have easily been fatal.'
NZME has approached Maersk's media representatives in Europe and Asia for comment, but has not received a response.
Valster said the need to ensure a safe working environment included 'rigorous checks' on the seaworthiness and safety compliance of all visiting vessels.
Associate Transport Minister James Meager, who has delegated responsibilities for the maritime sector and oversight of Maritime NZ, told NZME that the Government had no current plans to expand the liability of the Health and Safety at Work Act (HSWA) legislation to encompass foreign-flagged vessels.
He said maritime safety was governed by international conventions and without international agreement, applying local law to operators operating out of other jurisdictions would be difficult.
'Making such a law change would be complex,' Meager said.
However, he said Maritime NZ had several tools to hold foreign-flagged vessel operators to account, under port state control.
'There are some instances where a foreign-flagged vessel will be subject to HSWA, such as, where a New Zealand company is operating them under charter, where it is operating between New Zealand and a workplace involved with mineral extraction in the EEZ [Exclusive Economic Zone].'
The union said it would continue to advocate for the safety and wellbeing of all rail and port workers.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Otago Daily Times
6 days ago
- Otago Daily Times
'Cry for help' exposes man's serious addiction to 'child porn'
By Tracy Neal, Open Justice multimedia journalist Warning: This story covers topics including online child exploitation and attempted suicide that may be upsetting to some readers A South Island man's attempt at taking his own life opened a Pandora's Box on his addiction to child exploitation material. Now a judge has deemed the man's quick confession to the police was a cry for help but said it didn't excuse his actions. Nicolas Shaun Miller told the police after they found thousands of items of objectionable material on his computer that he had a 'serious addiction' to what he called 'child porn'. The confession to the police came about in 'unusual circumstances', Judge Jo Rielly said in the Nelson District Court. Crown prosecutor Daniel Baxter said it was a sad situation for all involved. Defence lawyer Mark Dollimore said in some ways, Miller's addiction had almost killed him. A boring, monotonous life The 31-year-old had been living alone in a caravan in Murchison, in the southern Tasman District, in what Dollimore described as 'squalid conditions'. Miller said he led a 'boring, monotonous life', and, when he was not working, he played video games and drank to excess. He no longer had much contact with family, he was alone and isolated, Dollimore said. He said that on November 17 last year when Miller had tried to end his life he had consumed cannabis, watched pornography and the reality of his situation and his addiction had overwhelmed him. Miller was taken to Nelson Hospital and treated for serious self-inflicted wounds. 'He came very close to killing himself. It was touch and go for him in ICU,' Dollimore said. Miller later said he had tried to take his own life because he knew he had a serious problem that he struggled with, but didn't know where to reach out for help. Miller believed his addiction might lead to contact offending with a child which he feared he might not be able to resist, and that he favoured a 'particular type' which he himself found abhorrent, Judge Rielly said. A cry for help She said Miller's effort to speak up was a cry for help, but it didn't excuse the illegal behaviour. He was sentenced to three-and-a-half years in prison on seven charges, one of which was a representative charge, of knowingly possessing an objectionable publication. It wasn't until after mental health services had assessed Miller in November that a police investigation followed and he was charged. Miller had told a mental health staff member that he had been viewing 'child porn' for the previous two or three years, and the police were notified. After a search of his address, several electronic items, including a computer tower, were seized. Forensic examination of the tower suggested it contained objectionable material on about 16,000 files. A subsequent search confirmed 14,146 items as objectionable. Miller had also accessed websites that had bestiality content on them. The representative charge covered an 'extensive number' of images found on a hard drive, some of which were classified as the most serious of their type. Miller told the police that he viewed the images daily because they 'excited him' but he knew he had a major problem. Miller also told the police he understood that viewing child exploitation material was not a victimless crime, and that children endured 'horrific atrocities' in the making of such material, fuelled by viewers such as himself. He 'fessed up' early Dollimore said Miller had 'fessed up' early and had co-operated with the police in every way he could, and that he was desperate for help. Baxter said it was Miller's honesty that led to his offending coming to light, and the Crown was not opposed to credit being given for Miller's request for help. Judge Rielly said that from everything Miller had said, not only was he feeling extremely low about himself, but he was also very concerned about where his addiction might lead him. 'This was a very tragic situation that led to you disclosing what had been going on. It has to be said at that time you had insight that you needed, and wanted,help.' Judge Rielly said Miller also knew his behaviour could change for the worse and he did not want that to happen. In setting a prison starting point at five years, Judge Rielly said although Miller's relationship with his family was now strained, he had not sought to blame anything about his background for his offending. He was given credit for his early guilty plea and for demonstrating his remorse, his shame, his insight into the offending and his readiness to rehabilitate, to arrive at a sentence of three-and-a-half years on the representative charge and two-and-a-half years on the remaining charges, to be served concurrently. Miller was automatically registered as a child sex offender. Where to get help: • Lifeline: Call 0800 543 354 or text 4357 (HELP) (available 24/7) • Suicide Crisis Helpline: Call 0508 828 865 (0508 TAUTOKO) (available 24/7)• Youth services: (06) 3555 906 • Youthline: Call 0800 376 633 or text 234 • What's Up: Call 0800 942 8787 (11am to 11pm) or webchat (11am to 10.30pm) • Depression helpline: Call 0800 111 757 or text 4202 (available 24/7)• Helpline: Need to talk? Call or text 1737 • Aoake te Rā (Bereaved by Suicide Service): Call 0800 000 053 If it is an emergency and you feel like you or someone else is at risk, call 111.
Otago Daily Times
7 days ago
- Otago Daily Times
Man who killed German backpacker eligible for parole
It has been almost 20 years since a young German backpacker was murdered in a picnic area of a national park. The death of Birgit Brauer, whose body was found in Lucy's Gully, near Ōakura, southwest of New Plymouth, shocked two nations and led to an 18-day manhunt for her killer, Michael Scott Wallace. Wallace, then a 44-year-old drug-taking transient with an extensive criminal history, went on to deny the murder but was found guilty by a jury. He was sentenced in 2007 to life imprisonment with a non-parole period of 18 years. This month, he became eligible for parole and, despite the time that has passed, the 63-year-old is still refusing to admit to killing Brauer. Wallace made his first appearance before the Parole Board on May 14, at which he sought parole but was denied. The panel determined he had "a long way ahead to go" before he could be released. Wallace did not have an approved address at which he could reside if paroled, nor did he have a release proposal. The board's decision, released to NZME this week, stated Wallace has not been motivated to complete recommended treatments and was considered to still be in the rehabilitative phase of his sentence. It was also noted that he would undergo a formal assessment of psychopathy. Wallace recently refused to discuss his criminal history with a psychologist, and while the decision stated he had at some point claimed he could not remember the murder, he told the board that was no longer his stance. "He now says that he did not commit the offending," according to the decision, which was the position he took at trial. The fatal hitchhiking trip On September 20, 2005, Brauer and Wallace's paths fatally crossed in the tiny town of Waitōtara. There, she was picked up hitchhiking by Wallace as she travelled between Whanganui and New Plymouth. He drove her to Lucy's Gully in Te Papa-Kura-o-Taranaki, formerly known as Egmont National Park, and bludgeoned her with a metal bar before unbuttoning her jeans, likely with sexual intent. When Wallace was disturbed by a passing vehicle, he dragged Brauer into the bush and stabbed her in the chest. Her body was later found by a jogger. Wallace disposed of evidence and eventually made his way to the Manawatū area, where, almost three weeks later, he was arrested. He told police at the time that he did not want to hurt people, but he had, and he would be better off if police had shot him. Meanwhile, Brauer's body was returned to Germany. She was described by those who knew her as reserved yet open, honest and friendly. Brauer knew how to enjoy herself; she had a good sense of humour and was sometimes cheeky. She was drawn to New Zealand by a love of nature and geography and soon became a keen All Blacks fan. Brauer loved New Zealanders' down-to-earth attitude and believed she was safe hitchhiking. At Wallace's sentencing, Brauer's parents told the court that the events of 2005 would never leave them. "To this day, we cannot believe Birgit is not with us. A criminal like him does not deserve to live," they said in their victim impact statement. The unforgettable case A former top Taranaki detective said he wasn't surprised Wallace still denied killing the 28-year-old tourist, who had been on a working holiday in New Zealand when she was murdered. Grant Coward became a household name when he led the high-profile investigation into the murder, during which he made a "we will catch you" promise to the killer. Speaking to NZME this week, Coward, who received the Commissioner of Police's Silver Merit Award in 2008 for his role in the inquiry, recalled the murder as being callous and cold-blooded. Now retired, Coward said the case had been "a real whodunit", and it was a team effort to track Wallace and help bring him to justice. "It took longer than normal, but we got there in the end." He said it was difficult to know if, or when, Wallace should be released. But, he believed that if Wallace was not rehabilitative or admitting fault, he should have an extended period of imprisonment. Coward said he had not maintained contact with Brauer's family, but she would be in his thoughts forever. "I reflect on the cases that I've worked on, and she's right up there as someone who you remember, because of what happened." Brauer was also someone Caryl Blomkvist remembered from time to time. She and her husband, Fritz Blomkvist, hosted Brauer at their Whanganui farm in the final two weeks of her life, as part of the World Wide Opportunities on Organic Farms. When Brauer left, the Blomkvists dropped her off at the edge of Whanganui so she could begin her hitchhiking journey, but not without a warning. "We told her she shouldn't hitchhike," Blomkvist recalled when speaking to NZME this week. "Then a cop came and banged on our door at 11pm that night. We were pretty shocked." Blomkvist said Brauer's death was a traumatic time for everyone who knew her. "We still think about her," she said, describing Brauer as pleasant and hardworking. "She was no trouble. She spent her time quietly doing what we expected of her, very well. And she enjoyed reading her books and writing. "She wasn't living a party life at all; she liked the quiet life and enjoyed being on the farm." Blomkvist remained in contact with Brauer's mother, whom she said was a strong woman. Brauer's father has since died. Blomkvist preferred not to comment on Wallace, only to say that what he did to Brauer was undeserved. She said that she and her husband do not support him ever being released on parole. The unmotivated prisoner After Wallace's conviction for murder, it was revealed he had an extensive criminal history dating back to dishonesty offending in 1976, as well as arson and violence. In particular, he twice raped a woman in 1983, after attacking her husband and locking him in a closet. He served a five-year sentence of imprisonment for the home invasion and sex attack before later committing armed robbery and being sent back to prison. According to the recent parole decision, Wallace acknowledged at the hearing that he was guilty of his other crimes. "It would be useful to understand from him why he thinks he committed that offending, even if he continues to deny the index murder offence," the board's decision stated. While Wallace, who has not had any misconducts during his current sentence, was initially reluctant to speak with a psychologist in April for a risk assessment, he did, but refused to discuss his offending. The psychologist's report detailed a long history of alcohol and drug use and referred to a formal assessment of psychopathy to be conducted. Wallace, who has reimmersed himself in Te Ao Māori while in prison, has completed sessions with a one-to-one departmental psychologist, and a special treatment unit for high-risk violent offenders has been suggested. But there were impediments to Wallace entering such treatment, including his denial of the murder and his belief that he would not work well in a group setting. In the meantime, he will continue to undergo one-to-one treatment. The board found it was important Wallace also complete a drug treatment programme, despite not being motivated to do so. "Overall, Mr Wallace is still considered to be in the rehabilitative phase of his sentence, and therefore rehabilitation must be a priority." An updated psychological risk assessment was ordered before his next parole hearing, scheduled for next year. "So that the assessment is useful, we encourage Mr Wallace to discuss his offending history with the psychologist." - Tara Shaskey, Open Justice reporter
Otago Daily Times
28-05-2025
- Otago Daily Times
Cargo ship explosion investigation starts
A TAIC spokesman said the incident occurred while the Malta-registered bulk carrier was berthed at South Port. Photo: TAIC An investigation has begun into an explosion on a ship berthed in Bluff last weekend. The Transport Accident Investigation Commission (TAIC) is looking into an explosion on Olivia, which was berthed in Bluff. The accident happened at 4.30am last Saturday. Three people were taken to Southland Hospital. A TAIC spokesman said the incident occurred while the Malta-registered bulk carrier was berthed at South Port. Three crew members were working on a boiler in the engine room when there was an explosion or flashback, injuring all three. The spokesman said one person had hospital-level burns while the other two crew members had only minor burns. The status of all three was unclear yesterday. According to the South Port website, the 12-year-old ship was moved to berth five at the port yesterday afternoon. A three-person team - a former ship captain, another a senior engineer and the other a data extraction expert - from TAIC have been at the ship investigating the incident. They had interviewed all members of the crew and any other people involved. They had also taken photographs of the affected areas. The TAIC would look into the incident but any report would be 18 months to two years away. Most notifiable incidents at ports are investigated by Maritime NZ. A Maritime NZ spokesman said it was investigating.
