A judge will decide whether the owners of a New Zealand volcano where 22 people died were unfairly convicted

WELLINGTON, New Zealand — A New Zealand judge must decide whether the owners of an island volcano suffered a miscarriage of justice when their company was found guilty of failing to ensure the safety of visitors following an eruption that killed 22 tourists and local guides in 2019.

The owners company’s three-day appeal ended on Thursday. Judge Simon Moore told the Auckland High Court he would make a decision by the end of the year.

Whakaari Management, run by three brothers who own the active Whakaari volcano, also known as White Island, was ordered in March to pay millions of dollars in fines and damages to victims of the eruption, who were mostly US and Australian citizens. take passengers on a walking tour.

That same month, the company’s lawyers filed an appeal against the criminal conviction.

The battle over the responsibilities of landowners

The case hinges on whether Whakaari Management, which provided access to the volcano to tourists and scientific groups by charging fees for permits, should be responsible for safety at the volcano site under New Zealand’s health and safety laws.

The person in charge of the workplace must ensure that hazards are controlled and that everyone in the workplace is safe, including entry and exit points.

A lawyer for New Zealand’s labor regulator, who brought charges in a 2023 trial, told the court on Thursday that Whakaari Management’s whole business was providing access to an uncontrolled natural hazard and that it should have been commissioned to carry out its own risk assessment of whether tourists It should generally be allowed there.

Prosecutor Kirsty McDonald agreed with the trial judge, saying the company “must ensure, so far as is reasonably practicable, that the workplace to which it provides access does not pose a risk to the health and safety of any person.”

However, the company’s lawyers told the court this week that it was acting as a landlord and not a manager of operations at the site. Rachel Reed said the company did not conduct, direct or supervise tours and the operators were responsible for safety at the site.

A case with far-reaching consequences

The case has far-reaching implications and has already changed the laws governing New Zealand’s adventure tourism industry, which is often based on thrills in nature or around the country’s many natural hazards. Operators must now take all reasonable steps to inform customers of any significant risks.

The company’s lawyers said that if the verdict were upheld, it would make other landowners reluctant to allow similar activity on their property – a proposal rejected by the regulator.

Horror in a popular tourist spot

White Island, the summit of an underwater volcano also known by its Maori name Whakaari, was a popular tourist destination before the eruption and can be reached by boat or helicopter from the Bay of Plenty on the North Island.

In December 2019, 47 tourists and guides were on the island when superheated steam rose, killing some instantly and leaving others with painful burns.

Survivors told the court in emotional testimony that they were not told the active volcano was dangerous when they paid to visit it. They were not provided with protective equipment and many were dressed in clothing that made the horrific burns even more devastating.

In his ruling, Judge Evangelos Thomas said Whakaari Management failed to carry out a risk assessment despite knowing about the eruption three years earlier. He said the company should have sought expert advice about the dangers and either stopped the tours entirely or introduced controls.

More than a dozen defendants have been charged

Charges have been laid by New Zealand’s work safety regulator against 13 organizations and individuals, including Whakaari Management.

Several have pleaded guilty, including three companies that operated helicopter tours, one that operated boat tours, a scenic flight operator and New Zealand science agency GNS Science. Charges against the others were dropped.

Moore, the Supreme Court justice, was not required to release his findings immediately after Thursday’s hearing and did not set a firm date for his decision.