NZ Volcano Eruption Case Sees Convictions Overturned
A New Zealand court has overturned the criminal conviction of the owners of the White Island volcano, where a tragic eruption in 2019 resulted in the deaths of 22 individuals, including tourists and local guides. This legal decision absolves the company of millions of dollars in restitution that were to be paid to the victims’ families and survivors of the disaster. On that fateful day, 47 people, mainly tourists from U.S. and Australian cruise ships, were on the island engaged in a walking tour.
Legal Battle Over Safety Responsibilities
The company, Whakaari Management, led by three brothers who own the volcano located on New Zealand’s North Island, challenged their convictions after being found guilty in a 2023 trial of violating the country’s workplace health and safety laws. The central issue in this case was whether the company, which offered permits for access to the volcano to tourist operators and scientific groups, was responsible for ensuring visitor safety under the current health and safety laws of New Zealand. The law dictates that any entity overseeing a workplace must manage hazards and ensure the safety of everyone present.
During the 2023 trial, survivors offered harrowing testimony, stating they were unaware of the dangers posed by the active volcano and noted the lack of protective gear, which heightened their injuries. However, Justice Simon Moore, in the recent ruling, decided that the company was not obligated under existing laws to make the walking tour environment free of risks to health and safety. He concurred with the defense’s argument that their role was limited to granting access via permits and did not extend to managing the site as a workplace.
Implications for the Tourism Industry
The repercussions of this case have extended to the tourism sector within New Zealand. Adventure tourism, a significant part of the economy involving activities around natural hazards, now requires operators to inform consumers of any substantial risks. Lawyers for Whakaari Management argued that sustaining the conviction could deter other landowners from allowing tourism ventures on their properties due to fear of liability. However, this perspective was not supported by the workplace safety regulator, who initiated the charges.
Justice Moore’s ruling emphasized the profound implications that a narrow or expansive interpretation of workplace safety responsibilities could have across various sectors.
Results of the Legal Proceedings
The island of Whakaari, known for its volcanic activity, was a popular destination accessible by boat or helicopter. The 2019 eruption released superheated steam that resulted in immediate fatalities and severe injuries for survivors. Following the event, several parties faced charges from the workplace safety regulator, including Whakaari Management. In 2022 and 2023, six parties, including five tour operators and a geoscience research institute, pled guilty to safety charges. Meanwhile, charges against the Buttle brothers individually, alongside other entities, were dismissed.
In March, those found guilty were mandated to pay a collective sum exceeding 10 million New Zealand dollars ($5.6 million) in compensation to the victims’ families and survivors, with nearly half of this burden placed on Whakaari Management Limited. The company initiated an appeal that same month.
In his judgment, Justice Moore acknowledged the immense tragedy but emphasized that the decision revolved around specific legal and factual queries, leading to the ruling in favor of Whakaari Management.
