• A worker on a container ship at Port Nelson fell 12 metres into the sea after a guard rail gave way.
• The port company was today fined $110,000 and ordered to pay $5000 in emotional harm reparation.
• Judge Jo Rielly noted the company wasn’t solely responsible, but emphasised its role in the incident.

A port company worker thought he would drown after falling 12m from a ship into the sea at night, not knowing which way was up or down.

The man, who worked as a stevedore at Port Nelson, said in court today that he was terrified at the time and was left emotionally distraught by the process that followed, including the fact that no one had seen him fall or had helped.

He fell after a guard rail on the ship gave way when he was helping to load containers.

“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.

The man fell 12m into the sea after a guard rail on the ship gave way when he was helping to load containers.

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.

“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.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.