Court Overturns Convictions of Whakaari Volcano Owners in 2019 Eruption Case

The ruling questioned the safety obligations of Whakaari Management Limited concerning visitors on the active volcano, raising discussions about landowners' liabilities.

The High Court of New Zealand has overturned the conviction of Whakaari Management Limited (WML), the owners of Whakaari/White Island, following a deadly eruption in December 2019 that resulted in the loss of 22 lives. In a ruling delivered on Friday, the court stated that the company was guilty in 2023 of neglecting visitor safety and had faced a fine exceeding NZ$1 million (approximately $560,000 or £445,000) along with a NZ$4.8 million reparations payment to the victims' families.

However, the High Court concluded that WML only owned the land and, therefore, bore no responsibility for the safety of the individuals present during the eruption. The active volcano, located off the coast of New Zealand's North Island, has been consistently erupting since 2011 and had demonstrated increased unrest prior to the fatal incident. Many of the victims were tourists, primarily from Australia and the United States, with an additional 25 individuals injured severely, suffering extensive burns.

Justice Simon Moore acknowledged the emotional toll that the ruling impacts had on affected families but maintained that WML was reasonable in their reliance on licensed tour operators and scientific entities for the evaluation of safety risks. His comments reflected a careful consideration of the tragedy, stating that one cannot escape being impacted by such profound human loss.

This case represented the largest action of its kind initiated by Worksafe NZ against a company responsible for safety regulations. In total, thirteen parties, including tour operators, faced charges in connection to the incident, with WML being the last to receive a final verdict, while others had varying results, including guilty pleas and dismissals.

James Cairney, attorney for the Buttle brothers—James, Andrew, and Peter, who own WML—expressed satisfaction with the court's decision, hoping it would provide clarity for landowners that allow recreational access to their properties. The Buttle family's connection to Whakaari has historical roots dating back to the 1930s, when their grandfather acquired the island, placing it in a family trust. Previously, the Buttle brothers faced individual charges regarding the case, but those were dismissed earlier this year.