Following a successful appeal, the High Court of New Zealand has reversed the conviction of Whakaari Management Limited, citing limited control over safety measures on the active volcano Whakaari/White Island during a fatal eruption that claimed 22 lives in December 2019. While the ruling has brought relief to the owners, it has also sparked discussions on legal liability in disaster scenarios.
High Court Overturns Conviction of Whakaari/White Island Volcano Owners in 2019 Eruption Case
High Court Overturns Conviction of Whakaari/White Island Volcano Owners in 2019 Eruption Case
The New Zealand High Court has annulled the conviction of Whakaari Management Limited for its role in the deadly 2019 volcanic eruption, raising questions about liability and landowner responsibilities.
The owners of a New Zealand volcano that erupted in December 2019, resulting in the tragic deaths of 22 individuals, have seen their conviction overturned by the country's High Court. Whakaari Management Limited (WML) had been previously found guilty of failing to ensure visitor safety, incurring a fine exceeding NZ$1 million (around $560,000 or £445,000) and a reparation payment of NZ$4.8 million to the victims' families. However, the High Court, in a ruling made public on Friday, clarified that WML's responsibilities were limited primarily to land ownership and did not extend to the safety management of visitors.
Whakaari, adopted from its Māori name, White Island, is New Zealand's most active volcano, with a history of eruptions dating back to 2011. The catastrophic eruption of 2019 occurred after a prolonged period of increased volcanic activity, and tragically, it affected many tourists on the island, including 17 Australians and three Americans. In addition to the fatalities, 25 other individuals suffered injuries, with numerous victims enduring severe burns.
Justice Simon Moore, who presided over the case, acknowledged the profound sorrow of the victims' families while clarifying that WML's agreement with tour operators provided no authority over daily operations on the island. He indicated that WML had reasonable grounds to depend on assessments made by tour operators and scientific bodies regarding safety risks.
The case involving WML is significant as it represents the largest regulatory action taken by New Zealand's Worksafe NZ in relation to the eruption disaster. Thirteen parties, inclusive of various tour companies, were initially charged; out of those, six pleaded guilty, while the remaining charges against others were dismissed. Following the High Court's ruling, Worksafe NZ stated it is assessing the possibility of an appeal.
James Cairney, the lawyer for the Buttle brothers—who manage WML and have been linked to the island's ownership since the 1930s—expressed that the family welcomed the ruling, hoping it would provide clarity for landowners allowing recreational use of their properties. Previous legal challenges against the brothers related to workplace safety concerning the 2019 disaster were also dismissed in 2023.
As the discussion surrounding liability continues, the outcome of this case may have lasting implications for landowners and safety regulations in New Zealand, particularly in relation to natural disaster preparedness and visitor management practices.
