A New Zealand Company Found Guilty in White Island Volcano Disaster

Introduction

On October 31, 2023, a New Zealand company, Whakaari Management, was found guilty of not “minimizing risk” to 22 people who tragically lost their lives in the White Island volcano disaster in 2019. The verdict marks the largest action of its kind brought by New Zealand’s regulatory body, WorkSafe NZ.

The Astonishing Failures

In the case, Judge Evangelos Thomas expressed his dismay at what he referred to as “astonishing failures” on the part of Whakaari Management. The company, which licenses tours to White Island, was criticized for its lack of risk mitigation measures.

The legal Ramifications

If found guilty, Whakaari Management faces fines of up to NZ$1.5 million ($928,000; £724,000). Thirteen parties were initially charged over the disaster, with six pleading guilty and six having their charges dismissed. The judge dismissed a second charge against the company related to the safety of its own workers.

Ownership and Responsibility

The company is owned by James, Andrew, and Peter Buttle ÔÇö three brothers who inherited the volcano and licensed other businesses to conduct tours. While they were also on trial as individuals for alleged breaches of New Zealand’s workplace health and safety legislation, their charges were dismissed last month.

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The Volcano’s Ongoing Activity

The eruption of White Island in 2019 was not an isolated incident, as the volcano had been erupting in some form since 2011. Despite this, Whakaari Management failed to adequately address the risk of eruption and ensure visitor safety.

The Tragic Consequences

The eruption claimed the lives of nearly half of the 47 people on the island at the time, including individuals from Australia, the US, and New Zealand. Additionally, 25 people sustained injuries, often with severe burns. This devastating event highlighted the need for stricter safety measures and thorough regulatory oversight.

Inadequate Monitoring and the Aftermath

In the aftermath of the disaster, WorkSafe NZ faced criticism for its failure to adequately monitor activities on the island between 2014 and 2019. As a result of the eruption and subsequent investigation, tourism activities to White Island have not yet resumed.

legal Action Against Royal Caribbean Cruises

Notably, some tourists who purchased tour tickets to Whakaari through Royal Caribbean Cruises have already reached settlements after suing the Florida-based company in the US. These victims sought compensation for the traumatic experience and the losses they incurred as a result of the volcanic eruption.