High Court Overturns Conviction of Whakaari Volcano Owners in Deadly Eruption Case

In a recent ruling, the High Court of New Zealand lifted the conviction and fines imposed on Whakaari Management Limited, determining they were not responsible for the safety of visitors during the 2019 White Island eruption. This decision continues to stir debates about liability and safety standards in volcanic tourism.

The owners of Whakaari/White Island, known for its volcanic activity off New Zealand's North Island, have had their conviction for a deadly eruption in December 2019 overturned by the country's High Court. Whakaari Management Limited (WML) was previously convicted in 2023 for failing to ensure visitor safety during the eruption that resulted in the deaths of 22 individuals, primarily tourists, and left 25 others injured. The conviction led to a fine of over NZ$1 million (approximately $560,000), in addition to a NZ$4.8 million reparation order for the victims.

Following an appeal from WML, High Court Justice Simon Moore ruled that the company, which has owned the island since the 1930s, was only responsible for the land itself and not for visitor safety on a day-to-day basis. Justice Moore indicated that WML reasonably relied on tour operators and other organizations to assess safety risks. He expressed empathy for the victims' families but noted that the agreements in place did not grant WML control over the operations that day.

The 2019 eruption showcased heightened geological activity leading up to the tragedy, which left a significant impact on the families involved. The ruling has broader implications as it highlights the complexities of determining liability when private landowners permit recreational access, especially in geologically active areas. WML’s legal representative stated that the ruling should provide clarity for landowners engaging in similar agreements.

The case represents a significant legal precedent in New Zealand, as the country's regulator, Worksafe NZ, had initiated one of the largest prosecutions of this kind. While six of the thirteen parties have already pleaded guilty, and six others had their charges dismissed, the regulatory body is currently contemplating whether to appeal the High Court's decision regarding WML. The Buttle family, who have maintained ownership of Whakaari since their grandfather's purchase in the 1930s, welcomed the decision with hopes it would benefit other landowners in similar situations, as the case continues to shed light on responsibilities within the tourism sector amidst natural hazards.