New Zealand volcano owners’ conviction overturned

WELLINGTON, New Zealand — The criminal conviction against the proprietors of a volcanic island in New Zealand, where a deadly eruption claimed the lives of 22 tourists and local guides, was nullified by a judge on Friday.

This decision emerged after a hearing held last October at Auckland’s High Court. Here, the owners’ company, Whakaari Management, appealed against the charges imposed by New Zealand’s workplace health and safety regulator following the catastrophic 2019 eruption on Whakaari, also referred to as White Island.

The company, operated by three brothers who own the active volcano located on New Zealand’s North Island, had been ordered in March 2024 to pay a substantial amount in fines and compensation to the eruption’s victims, many of whom were cruise ship passengers from the U.S. and Australia participating in a walking tour.

The firm’s legal counsel lodged an appeal against the criminal charges shortly afterward, challenging the conviction.

The core question of the case was whether Whakaari Management, responsible for providing access to tourists and scientific groups while collecting permit fees, should have overseen the safety measures at the site in accordance with New Zealand’s workplace health and safety laws. These laws mandate entities in control of a workplace to manage hazards and assure safety at all locations, including entrances and exits.

Survivors presented emotional testimonies during the 2023 trial, revealing they were unaware of the risks associated with visiting an active volcano and had received no protective gear. Many visitors’ clothing exacerbated their burns during the disaster.

In a written judgement on Friday, Justice Simon Moore declared that the company was not obligated under the law to ensure the walking tour site was without health and safety risks. He concurred with the defense that the company’s role was limited to providing access to the land for tourism operations, thereby not positioning them as the site managers or controllers.

The case profoundly influenced the legislative framework for New Zealand’s adventure tourism sector, often centered on outdoor activities near natural hazards. The updated regulations now require operators to take all necessary steps to inform clients of significant dangers.

During the October hearing, the company’s lawyers argued that maintaining the conviction would deter other landowners from permitting such activities on their properties. This argument was disputed by the healthcare regulator, emphasizing the importance of responsible oversight.