The owners of a New Zealand volcano island where 22 tourists and local guides died in an eruption have had their criminal conviction for failing to keep visitors safe thrown out by a judge.
The 2019 explosion on Whakaari, known as White Island too, also left two dozen survivors seriously injured.
Most of the 47 people on the island during the explosion were US and Australian cruise ship passengers on a walking tour, along with their local guides.
Today’s ruling absolves the company that owns the active volcano on New Zealand’s North Island, Whakaari Management, from paying millions of dollars in restitution to the families of those killed and the survivors.
The company, which is run by three brothers, were found guilty in 2023 of breaching New Zealand’s workplace health and safety law.
But Whakaari Management appealed the conviction in a three-day hearing last October at the High Court in Auckland.
The case hinged on whether the company – which granted tourism operators and scientific groups access to the volcano for a fee – should have been in charge of safety practices on the island under New Zealand’s workplace health and safety laws.
Anyone in charge of a workplace must ensure the management of hazards and the safety of all there, including at entry and exit points.
Survivors gave emotional testimony during the 2023 trial that they had not been told the active volcano was dangerous when they paid to visit it. They were also not supplied with protective equipment, and many were wearing clothing that made their horrific burns more damaging.
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In Friday’s written ruling, Justice Simon Moore ruled the company did not have a duty under the relevant law to ensure that the walking tour workplace was without risks to health and safety.
He agreed with the company’s lawyers that the firm only granted access to the bare land through permits – and should not have been legally considered an entity that managed or controlled the workplace.
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The judge ruled it was not unreasonable for the company to rely on tourism operators and emergency management and scientific agencies to assess the risks of activities on the island and manage safety precautions.
The case had far-reaching consequences and changed the laws governing New Zealand’s adventure tourism industry.
Operators must now take all reasonable steps to inform customers of any serious risks.
White Island, the tip of an undersea volcano also known by its Maori name Whakaari, was a popular tourist destination before the eruption.
