The New Zealand High Court has overturned the conviction of Whakaari Management Limited, the owners of White Island, for their role in the 2019 volcanic eruption that resulted in numerous fatalities and injuries. The ruling highlights the need for clarity regarding landowner responsibilities during recreational access.
New Zealand High Court Overturns Volcano Owners’ Conviction in 2019 Eruption Case
New Zealand High Court Overturns Volcano Owners’ Conviction in 2019 Eruption Case
The High Court's ruling absolves Whakaari Management Limited of liability in the deadly eruption that claimed 22 lives on White Island, citing their lack of operational control.
In a significant legal development, the New Zealand High Court has annulled the conviction of Whakaari Management Limited (WML), the owners of the infamous White Island volcano, over their failure to ensure visitor safety during a catastrophic eruption in December 2019 that claimed the lives of 22 people. Initially found guilty in 2023, WML was imposed a fine exceeding NZ$1 million (approximately $560,000) and ordered to pay NZ$4.8 million in reparations to victims’ families.
The High Court’s decision, announced on Friday, determined that WML's ownership of the land did not equate to responsibility for the safety of individuals present during the eruption. Whakaari, historically known as White Island, is New Zealand's most active volcano, exhibiting volcanic activity intermittently since 2011. Before the tragedy, heightened volcanic activity had been noted, leading to increased caution regarding visitors.
Justice Simon Moore, delivering the ruling, acknowledged the distress and suffering endured by the victims' families but maintained that WML reasonably relied on the expertise of tour operators and geological agencies to monitor safety risks. Thirteen different parties, including several tour operators, faced legal actions over the incident, but WML was the last company to be evaluated as part of New Zealand's largest legal action of this nature initiated by Worksafe NZ.
The Buttles, who own WML and have had familial ties to the island since the 1930s, expressed relief at the ruling, with their attorney indicating hopes that this decision fosters certainty for landowners granting recreational access to their property. Prior charges against the Buttles personally related to workplace health and safety violations had also been dismissed earlier in 2023, further clearing their names amidst this tragic event.
The High Court’s verdict may influence future legal parameters concerning land ownership and liability in recreational tourism contexts in New Zealand, highlighting an essential dialogue on safety measures and responsibilities during nature-based tourism activities.
