New Zealand Judge to Decide on Volcano Tragedy Conviction Appeal of Whakaari Island Owners

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A New Zealand judge is set to determine whether the owners of Whakaari, the volcanic island where a tragic eruption in 2019 took the lives of 22 tourists and guides, were unjustly convicted. The three-day appeal hearing concluded Thursday, and Justice Simon Moore informed the High Court in Auckland that he would reach a decision by the end of the year.

 

The owners’ company, Whakaari Management, controlled by three brothers, was previously convicted for not ensuring visitor safety on the island. This March, the company was ordered to pay substantial fines and restitution to the victims, most of whom were U.S. and Australian tourists who had traveled to the island by cruise ship. Following the conviction, Whakaari Management quickly appealed, with the case’s primary question being whether the company had a legal responsibility for visitor safety under New Zealand’s workplace health and safety laws.

 

The case has spurred a debate on whether Whakaari Management should have been held accountable as an authority responsible for workplace safety on the island, as argued by New Zealand’s workplace regulator. Lawyers representing the regulator stated that Whakaari Management’s entire business model revolved around granting access to a naturally hazardous location, charging permit fees to tourists and scientific groups alike. As the prosecutor Kirsty McDonald argued in court, the company “had a duty to ensure, as far as reasonably practicable, that the workplace it was granting access to was without risks to the health and safety of any person.” Prosecutors contended that the company should have carried out risk assessments to determine whether it was even safe for tourists to be allowed on the island.

 

However, attorneys for Whakaari Management have countered that the company acted only as a landlord, merely granting access to Whakaari, rather than managing or supervising the tours themselves. Rachael Reed, a lawyer representing the company, argued, “the company did not run, direct or supervise the tours,” maintaining that responsibility for visitor safety lay with the tour operators, not with Whakaari Management. The legal team further emphasized that the conviction, if upheld, could have significant implications on how other landowners allow public access to natural sites across New Zealand. They argued that a precedent set by this case could discourage landowners from allowing visitors to areas with natural hazards, impacting the nation’s adventure tourism industry.

 

Before the 2019 eruption, Whakaari—also known as White Island—was a favored tourist destination, reachable by boat or helicopter from the Bay of Plenty on New Zealand’s North Island. On the fateful December day, 47 individuals, including tourists and tour guides, were present on the island when superheated steam erupted from the volcano. Some visitors were killed instantly, while others sustained severe burns. Survivors recounted in court that they had been unaware of the risks posed by the active volcano and were not provided with any protective equipment. Many were wearing clothing that worsened the impact of the burns they suffered.

 

Judge Evangelos Thomas, who initially ruled on the case, noted in his judgment that Whakaari Management failed to undertake a necessary risk assessment, despite a prior eruption on the island three years earlier. He ruled that the company should have sought expert guidance to evaluate the dangers and, based on that advice, either restricted public access entirely or implemented rigorous safety controls.

 

In 2023, New Zealand’s workplace safety regulator charged 13 entities and individuals, including Whakaari Management, for safety lapses related to the eruption. Among these were helicopter and boat tour operators, a scenic flight operator, and the scientific agency GNS Science. Several of the parties accepted their charges, while others, including Whakaari Management, contested them. Some charges were subsequently dropped.

 

The appeal’s outcome is eagerly awaited, with Justice Moore reserving his decision, yet refraining from committing to a specific date. The result could have profound effects on the responsibilities of companies offering access to natural attractions, potentially reshaping the regulatory landscape for adventure tourism in New Zealand.

 

Original Court case Conviction

 

Based on a report by AP 2024-11-02