A New Zealand judge is set to determine whether the owners of an island volcano endured a miscarriage of justice following their conviction for failing to ensure visitor safety in the wake of a 2019 eruption that claimed 22 lives.
The appeal by Whakaari Management, the company owned by three brothers who manage the active volcano known as Whakaari or White Island, concluded after a three-day hearing on Thursday. Justice Simon Moore stated he would announce a decision before the year’s end.
In March, Whakaari Management was ordered to pay millions in fines and restitution to the victims, who were primarily tourists from the U.S. and Australia participating in a walking tour. The company’s legal team filed an appeal against the conviction soon after.
The case hinges on whether Whakaari Management, which charged fees for access to the volcano, should have been responsible for safety under New Zealand’s workplace health and safety regulations. The law mandates that those in charge of a workplace must manage hazards and ensure safety for all present.
During the appeal, prosecutors from New Zealand’s workplace regulator argued that the company should have commissioned risk assessments regarding tourist safety at the volcano site. Prosecutor Kirsty McDonald supported the trial judge’s assessment that the company had a duty to minimize risks to the health and safety of visitors.
However, the defense contended that Whakaari Management acted only as a landlord and did not oversee the tours or manage site operations. Attorney Rachael Reed stated that the tour operators were responsible for ensuring safety on-site.
The outcome of this case could have broad implications, potentially affecting the adventure tourism industry in New Zealand, which often operates in areas with natural hazards. If the conviction stands, it may deter landowners from permitting such activities.
Prior to the eruption, White Island was a popular tourist attraction accessible by boat or helicopter from the North Island’s Bay of Plenty. On that fateful day in December 2019, 47 tourists and guides were on the island when a sudden explosion of superheated steam occurred, leading to immediate fatalities and severe injuries.
Testimony during the trial revealed that many survivors were unaware of the volcano’s dangers when they purchased tickets for the tour. They reported lacking protective equipment, leading to exacerbated injuries.
In his ruling, Judge Evangelos Thomas stated that Whakaari Management failed to conduct a proper risk assessment despite being aware of a prior eruption three years earlier. He emphasized that the company should have sought expert advice on the dangers present, potentially halting tours or implementing safety measures.
Charges were filed by New Zealand’s workplace safety regulator against 13 organizations and individuals, including Whakaari Management. Some parties pleaded guilty, including several companies involved in related tour operations, while others had their charges dropped.
Judge Moore, who concluded the hearings on Thursday, has not yet set a specific date for his ruling.
Credit: ABC News
