The owners of New Zealand’s Whakaari (White Island) volcano, where a deadly eruption in 2019 claimed the lives of 22 tourists and local guides, had their criminal conviction for failing to ensure visitor safety overturned by a judge on Friday.
Background: Deadly Eruption and Legal Battle
The eruption occurred in December 2019 when the active volcano on New Zealand’s North Island unexpectedly erupted, catching a group of tourists off guard. The victims were primarily U.S. and Australian cruise ship passengers on a guided walking tour of the island.
Following the tragedy, Whakaari Management, the company owned by three brothers who own the volcanic island, faced criminal charges from New Zealand’s workplace health and safety regulator. In March 2023, the company was ordered to pay millions in fines and restitution to the victims and their families.
Appeal and Legal Arguments
Whakaari Management appealed the conviction, arguing they merely granted access to the land and did not operate the walking tours. They claimed they should not be held responsible for on-site safety under New Zealand’s workplace health and safety laws.
The company’s lawyers contended that under New Zealand law, only the entities directly managing or controlling the workplace should be liable for ensuring safety. They argued that Whakaari Management did not manage or control the tours but only issued permits to tour operators.
Emotional Testimonies and Legal Implications
During the trial in 2023, survivors provided emotional testimonies, revealing they were unaware of the active volcano’s dangers and were not provided with protective gear. Many suffered severe burns, with inadequate clothing exacerbating their injuries.
The case has had significant implications for New Zealand’s adventure tourism industry. It prompted changes to safety laws, requiring operators to take all reasonable steps to inform customers of potential hazards.
Judge’s Ruling: Conviction Overturned
In his written ruling, Justice Simon Moore concluded that Whakaari Management did not have a legal duty to ensure the walking tour site was risk-free, as they merely granted access to the land without controlling the tours. The judge agreed with the defense that the company did not manage or control the workplace, thus did not violate health and safety laws.
The judge’s decision raised questions about the extent of liability for landowners who permit tourism or other activities on their property. It also sparked debate about the balance between adventure tourism and safety regulations in New Zealand.
Industry Impact and Future Considerations
The ruling could have far-reaching consequences, potentially influencing landowners’ willingness to allow tourism activities on their properties. The company’s lawyers argued that upholding the conviction would set a precedent that might discourage other landowners from permitting such activities.
However, the safety regulator countered this argument, emphasizing the need for clear safety responsibilities in high-risk tourism ventures.
Legal Victory Amid Ongoing Debates
The overturned conviction represents a legal victory for Whakaari Management but leaves open questions about accountability and safety in New Zealand’s adventure tourism industry. The ruling may lead to further discussions on how to balance economic opportunities with safety in tourism at natural hazard sites.
