High Court Ruling Overturns Convictions of Volcano Owners After Fatal Eruption

The High Court's decision dismisses the charges against Whakaari Management Limited, stating they were not responsible for visitor safety during the fatal eruption that claimed 22 lives, raising questions about liability in such tragedies.

The owners of a New Zealand volcano that erupted in December 2019, killing 22 people, have had their conviction overturned by the High Court of New Zealand. Whakaari Management Limited (WML), which had been found guilty earlier this year of negligence in failing to ensure visitor safety, was sentenced to pay a fine exceeding NZ$1 million (approximately $560,000; £445,000) and ordered to provide NZ$4.8 million as reparation to the victims and their families.

However, in a ruling issued on Friday, the High Court found that while WML owned the land, they were not liable for visitor safety. Situated off the east coast of New Zealand’s North Island, Whakaari, also referred to as White Island, is known to be New Zealand’s most active volcano, having demonstrated increased volcanic activity since 2011. The catastrophic event in December 2019 occurred after weeks of heightened unrest, claiming the lives of nearly half the individuals present on the island, most of whom were tourists from Australia and the United States.

Justice Simon Moore, in his decision, pointed out that WML's agreements with tour operators did not grant them control over daily operations on the island and acknowledged their reliance on expert assessment from tour operators and scientific organizations to evaluate safety risks. He expressed deep compassion for the families affected by the tragedy, acknowledging the immense loss of life.

A total of thirteen entities, including various tour operators, faced charges connected to the disaster, with WML being the final case to conclude, as others either pled guilty or had their charges dismissed. The High Court's decision represents the largest regulatory action taken by Worksafe NZ in relation to the incident, which remains under review for potential appeal.

James Cairney, representing the Buttles, the family that has owned Whakaari since the 1930s, expressed hope that this ruling would provide clarity for landowners regarding liability issues when granting public access to their properties. The Buttles had previously stood trial individually concerning alleged violations of workplace health and safety laws, which were dismissed in 2023.