Key Points
- A New Zealand court has found the owners of White Island/Whakaari guilty of breaching workplace safety laws.
- Twenty-two people were killed when the offshore volcano erupted in 2019.
- Justice Evangelos Thomas lashed "astonishing failures" of safety audits given "obvious risks".
A New Zealand court has found the owners of White Island/Whakaari, the offshore volcano which erupted in 2019 killing 22 people, guilty on one charge of breaching workplace safety laws.
On Tuesday, the Auckland District Court ruled Whakaari Management Limited - the holding company of landowners Andrew, James and Peter Buttle - had not met its obligations to visitors to the volcano.
The company faces a seven-figure fine when it is sentenced next year.
At the time of the eruption on 9 December 2019, 47 tourists and tour guides were on the island, including 24 Australians, 17 of whom were killed.
Many had booked day trips while visiting on cruise ship Ovation of the Seas.
Twenty-two people were killed, either on the island or while receiving care for severe burns and volcanic ash inhalation, while others were injured, many severely.
Indications of 'moderate to heightened volcanic unrest'
The active stratovolcano was assessed by geological research institute GNS Science at 'level two' during the eruption, indicating "moderate to heightened volcanic unrest".
Australian tourist Annie Lu, who suffered severe burns, said tour organisers were dismissive of that assessment.
"They mentioned level two but said it was nothing to worry about," she said during the trial.
Judge says Whakaari eruption should have been 'no surprise'
In his 30-page judgement, Justice Evangelos Thomas lashed "astonishing failures" of safety audits given "obvious risks".
"The expert evidence was also common sense," he said.
"It should have been no surprise ... that Whakaari could erupt at any time, and without warning, with the risk of death and serious injury.
"Without properly assessing this risk, WML had little chance of successfully managing it."
Thomas found WML guilty of breaching one section of the Health and Safety at Work Act as it "manages and controls a workplace" and had a duty to individuals.
He found WML not guilty of a second breach relating to the conduct of the business.
Judge Evangelos Thomas it should have been "no surprise" Whakaari could erupt at any time. Source: AAP / Jason Oxenham
"Each were remarkable, showed great strength, insight, poise. and dignity. They were a powerful and respectful voice for all of the victims," Thomas said.
"I thank them for their strength and courage."
Workplace safety watchdog investigated compliance
New Zealand's workplace safety watchdog Worksafe and the police investigated compliance on the island leading up to the eruption, when it was still a popular tourist attraction.
Their investigation led to charges to 10 organisations and three individuals: Andrew, James and Peter Buttle, who inherited the island and owned it through a family trust. The Buttles used WML to license tourist groups to visit for profit.
Who else was charged in the White Island case?
Prosecutor Kirsty McDonald said the Buttles showed little interest in the risky day-to-day tourism operations. "Profit should never come before safety," she said during the trial.
WML was the last of the 13 charged parties to reach a verdict.
Five organisations pleaded guilty and were convicted in the build-up to trial, including White Island Tours - who had taken the majority of killed and injured tourists to the island on the day of the eruption - and GNS Science.
Fourteen Australians were among those who died during the 2019 eruption. Source: Getty / Phil Walter
One other, tour company Inflite Charters, pleaded guilty in March 2022 and has already been found liable for $NZ267,500 ($245,200) in fines and costs. Maximum punishment for the safety failings is a fine of $NZ1.5 million ($1.4 million).
The verdict comes almost four years after the eruption, with sentencing delayed until a two-week hearing beginning in February, when victims are likely to be invited to present impact statements before the court.
