WELLINGTON, New Zealand — The proprietors of Whakaari, a volcanic island in New Zealand, have initiated an appeal process against their criminal conviction following a deadly eruption in 2019, which claimed the lives of 22 individuals. They contend that the responsibility for visitor safety lies with the tour operators rather than their company.

The firm Whakaari Management, owned by the Buttle brothers—Andrew, Peter, and James—was convicted in October of last year for neglecting safety measures, as assessed by New Zealand’s workplace safety body. Consequently, they were mandated to pay millions in penalties and compensation to the eruption victims, including tourists from a cruise ship and their guides.

In March, the company lodged an appeal. During proceedings at the Auckland High Court, attorney Rachael Reed argued that the trial judge incorrectly determined the volcano’s owners as the managers or controllers of a workplace under the applicable laws, which would place the onus on them to manage health and safety risks to all individuals present on the island.

According to Reed, the company simply provided access to the volcano, expecting that tour operators would ensure the safety of their guests. She emphasized that, similar to any landowner, the company granted access through licenses without being responsible for operating or overseeing the tours.

Whakaari, also referred to by its M?ori name, was a well-frequented site for tourists prior to the eruption. At the time of the incident, 47 individuals—including tourists and local guides, predominantly from the U.S. and Australia—were on the island when a sudden explosion of superheated steam occurred, resulting in immediate fatalities and severe injuries for many others.

This tragic event raised significant concerns regarding the natural dangers associated with New Zealand’s adventure tourism sector, leading to stricter regulations for tour companies. Survivors of the eruption have claimed they were not adequately informed of the volcano’s active status and inherent risks before embarking on the guided trek to the crater.

Following a three-month trial, the presiding judge found Whakaari Management guilty of failing to uphold health and safety standards leading up to the eruption. Judge Evangelos Thomas criticized the company for not conducting a risk assessment, despite their awareness of a prior eruption three years prior. In his ruling, he stated that the company should have obtained expert guidance on the perils and either ceased the tours entirely or implemented appropriate safety measures. One additional charge against the company was dismissed by the judge.

The workplace safety regulator had brought charges against 13 entities, including Whakaari Management. Several organizations admitted guilt, including helicopter and boat tour operators, a scenic flight service, and the New Zealand scientific agency GNS Science. Charges against some parties were subsequently dropped.

During the ongoing three-day appeal, Justice Simon Moore is anticipated to hear further arguments from Whakaari Management’s legal team before listening to the regulator’s counterarguments. Moore indicated to the court that for the appeal to be deemed successful, any perceived error by the trial judge must constitute a significant miscarriage of justice.