- The landowners of a volcano that erupted in 2019 are denying responsibility for visitors’ safety.
- White Island/Whakaari volcano in New Zealand exploded on December 9, 2019, killing 22 people.
- The landowners’ lawyers argued that the company had no control over day-to-day activities on the island.
The landowners of a volcano that erupted in 2019, resulting in the tragic deaths of 22 people and injuries to 25 others, have firmly rejected claims from workplace safety regulators regarding their legal responsibility for ensuring the safety of visitors.
In their closing argument on Thursday, which concluded a nearly two-month trial, the island’s owners presented a defense against the accusations for the first time, as reported by The Guardian.
The eruption of White Island/Whakaari, located 30 miles off the coast of New Zealand, occurred on December 9, 2019.
According to The Guardian, among the 22 fatalities, 17 were Australians, many of whom were passengers on a cruise ship.
The trial included testimonies from survivors who claimed to be unaware of the risks when they visited the crater of Whakaari.
In the aftermath of the tragedy, the New Zealand government’s agency, WorkSafe, filed charges against multiple entities for health and safety violations related to the eruption. Companies involved in tourism, scientific organizations, and the island’s owners faced charges, although five were ultimately dismissed. Six organizations admitted to the allegations prior to the trial’s conclusion, as reported by the newspaper.
The remaining defendant, Whakaari Management Limited (WML), is the entity that owns the land encompassing the volcano and grants licenses to tourism operators on the island.
The trial revolved around the question of whether WML should be considered an active manager with legal responsibilities for ensuring the safety of businesses operating on the land, and whether the company had fulfilled its obligations.
The prosecution argued that the owners of WML derived significant profits from the licenses and therefore had legal obligations toward the tourists whose fees funded their business.
WML is jointly owned by three brothers – Andrew, James, and Peter Buttle. Charges against them as individuals were dismissed last month.
Lawyers representing the company argued that it was solely established to manage the licensing of businesses and had no presence or active control over the day-to-day activities on the island.
“Whakaari is not a business, it’s an island,” stated James Cairney, a lawyer for WML, as reported by The Guardian. “While it may have been hazardous, WML acknowledges that fact. Granting access to an active volcano simply means the landowner is granting access to hazardous natural land, which is common throughout New Zealand.”
Cairney cautioned against the notion that a single private company should bear the responsibility of determining the societal risks associated with an activity.
Insider reached out to both Cairney and Kristy McDonald, the prosecutor, for comment but did not receive an immediate response.
New Zealand’s workplace health and safety laws, which were updated in 2015, place the responsibility on those “conducting a business or undertaking” to proactively address risks.
A verdict in the case is expected by the end of the following month.
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