Latest news with #JoRielly
NZ Herald
21-05-2025
- NZ Herald
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.
NZ Herald
06-05-2025
- NZ Herald
Port Nelson fined $110,000 after worker's 12m fall from ship
'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 Limited had earlier pleaded guilty to a charge brought under the Health and Safety at Work Act, around its failure to provide a duty of care in a work environment. Today, it was fined $110,000 in the Nelson District Court and 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. Judge Jo Rielly acknowledged the port company was not solely responsible for what happened. 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.' He plunged into sea in hard hat and boots The victim, who was granted permanent name suppression, began work as a stevedore at Port Nelson in May 2022, and a few months later began training as a container deckhand. In mid-January 2023 the container ship, Maersk Nansha, arrived in port. Overnight on January 15-16 the victim began his shift, which included 'spotting' containers, something Judge Rielly said he was not properly trained for. She said the victim was aware some of the rails were not secure but it was unclear if he knew those in the area where he was working were at risk of failing. 'He was standing on the edge of the ship alone, without a buddy. Others were working in the area, but not with him, nor was he in their line of sight.' Judge Rielly said the victim did not intentionally lean on the railing, knowing it was not secure, but the next thing, with his radio in his hand, he heard a snap and tumbled 12m down in an uncontrolled fall. It was dark and he sank deeply in full work attire including a hard hat and heavy boots. He managed to get to the surface, but, because he had not managed to call through his task change, no one knew he was in the water. 'He tried to make a noise but no one could hear,' Judge Rielly said. His radio and cellphone were water damaged so he swam with the tide to the stern of the ship and pulled himself out of the harbour by clambering up rocks. The victim said in his statement he had no sense of direction after surfacing from the fall, and had to quell rising panic when he realised he had only one chance to make the right call over the direction he should swim. Advertise with NZME. 'I realised that if I got it wrong, I would drown. I still have nightmares about it.' Judge Rielly said it was lucky in one regard that he had not fallen portside, on to the dock. The victim said the trauma became worse when he was made to feel like the accident was his fault. He said Maritime New Zealand's notice that it planned to interview him 'under caution' made him feel like a suspect, which was overwhelming. Port company 'remorseful' Maritime NZ, as the prosecutor, said the vessel's crew had been notified about the guard rails by Port Nelson staff, which prompted Judge Rielly to clarify where the dereliction of duty lay. She also questioned why it had taken a year to lay the charge from the time of the accident, which had had an impact on the victim. The lawyer for Port Nelson, Garth Gallaway, acknowledged that what the victim had endured had been 'awful'. He said criticism did not rest only with Port Nelson, but the regulator too should take some responsibility for not bringing a charge sooner. The port company said in a statement to media that it took health and safety obligations 'extremely seriously' and had co-operated fully with Maritime New Zealand's investigation. 'We are genuinely remorseful that this incident has occurred. 'Since the incident, we have implemented significant changes and will continue to ensure that safety is always our top priority,' the company said. Judge Rielly said in setting a fines starting point at $200,000 that credit was warranted for the company's guilty plea, the fact it had not 'quibbled' over the reparation order and that the parties had engaged in restorative justice. The company had also taken steps to reduce the risk of something similar happening again, and had been genuinely focused on a workplace review.
