Beyond Due Diligence: Safety Leadership Culture and the Moral Imperative for Senior Leaders in Aotearoa New Zealand

Abstract

The 2026 High Court decision upholding the conviction of former Ports of Auckland chief executive Tony Gibson under s44 of the Health and Safety at Work Act 2015 has generated considerable commentary in New Zealand’s health and safety community. Much of that commentary has focused on the legal and technical implications of the decision. This article argues that the case has more fundamental roots – and a more important lesson. Drawing on personal experience, including a meeting with New Zealand business leaders in the weeks before the Pike River Mine disaster of November 2010, and a framework for Safety Leadership Culture developed over 25 years of practice in high-risk industry, the article contends that workplace safety failures are fundamentally leadership failures. The law can compel minimum standards. It cannot manufacture genuine leadership.