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The High Court of New Zealand has overturned the conviction of Whakaari Management Limited (WML), the company that owns the volcano Whakaari/White Island, which erupted in December 2019, leading to the tragic loss of 22 lives.
Initially found guilty of negligence regarding visitor safety, WML faced a penalty exceeding NZ$1 million (approximately $560,000 USD or £445,000 GBP) and was mandated to pay NZ$4.8 million in reparations to the victims. However, the recent ruling determined that the company primarily owned the land and could not be held responsible for ensuring safety during volcanic activity.
Whakaari/White Island is known for being the most active volcano in New Zealand, with an ongoing history of eruptions since 2011. Leading up to the catastrophic eruption that claimed lives, the volcano had exhibited increased signs of activity, alerting many to the potential dangers. Of the victims during the eruption, nearly half were visitors, including 17 Australians and three Americans. Additionally, 25 others sustained severe injuries, including significant burns.
During the ruling, Justice Simon Moore emphasized that while WML conducted tours, the agreements in place did not endow the company with the authority to manage daily safety on the island. He acknowledged that it was reasonable for WML to depend on tour operators and scientific advisors to evaluate the potential risks involved.
Justice Moore expressed deep empathy for the families affected by this disaster, recognizing the profound sorrow that arose from such a significant loss. “It is impossible not to be deeply moved and affected by the sheer scale and nature of the human loss in this case,” he remarked.
A total of 13 parties were implicated in the aftermath of the eruption, including various tour operators. WML was the last to receive a judicial verdict; previously, six other parties had accepted guilt while another six saw their charges dismissed.
The case against WML marked a significant regulatory action undertaken by Worksafe NZ, which oversees workplace safety in the country. Following the ruling, the organization acknowledged the court’s decision and was evaluating the possibility of an appeal.
James Cairney, representing the Buttle brothers—owners of WML—expressed their relief and welcomed the court’s decision, indicating their hope for the outcome to provide clarity for landowners who permit recreational access to their properties.
The Buttle family has maintained ownership of Whakaari/White Island since the 1930s, when their grandfather purchased it and established it within a family trust. It stands as one of New Zealand’s limited privately owned islands.
Previously, the Buttle brothers faced individual charges related to the 2019 eruption concerning breaches of New Zealand’s workplace health and safety laws, but those charges were dismissed in 2023.
Source
www.bbc.com