• A stevedore fell into the sea after a guard rail snapped on the Maersk Nansha.
• Port Nelson was fined $110,000 and ordered to pay $5000 in emotional harm reparation.
• The Rail and Maritime Transport Union is calling for tougher laws to protect workers on foreign ships, but the Government says change “difficult” to make.

A union has called for tougher laws to protect workers on foreign ships in New Zealand ports, after a stevedore plunged 12m into the sea from the deck of a cargo ship.

But the Government said making such a change would be “complex” and “difficult”.

Port Nelson has been fined $110,000 over the incident in January 2023 when a guard rail on a ship, Maersk Nansha snapped as the stevedore was helping load containers.

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 was fined $110,000 over the incident involving the Maersk Nansha. Photo / Stephen Overton.

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.

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.