New Zealand volcano owners' conviction over deadly eruption quashed

The White Island (Whakaari) volcano in New Zealand erupted in 2019, resulting in the deaths of 22 people. Whakaari Management Limited (WML), the owner of the volcano, was previously convicted for failing to ensure the safety of tourists, but the New Zealand High Court recently overturned this conviction.

WML was found guilty in 2023 and fined just over NZ$1 million (approximately US$560,000; £445,000), and ordered to pay NZ$4.8 million in reparations to the victims. However, after an appeal, the High Court ruled on Friday that the company only owned the land and should not be held responsible for the safety of tourists.

White Island, also known by its Māori name Whakaari, is New Zealand's most active volcano and has been in a state of eruption in some form since 2011. In the weeks leading up to the deadly eruption in December 2019, the volcano had shown signs of increased activity, with the eruption claiming the lives of nearly half the people on the island at the time, most of whom were tourists, including 17 Australians and 3 Americans. Another 25 people were injured, many suffering extensive burns.

High Court Judge Simon Moore stated on Friday that while WML authorized volcano tourism, none of the agreements gave the company the power to control the day-to-day activities on the island. He argued that it was reasonable for the company to rely on tour operators, as well as emergency management and scientific organizations, to assess safety risks.

Judge Moore added that in making his ruling, he did not disregard the pain and grief of the affected families. "The scale and nature of the human loss in this tragedy is deeply moving," he said. A total of 13 parties, including tour operators, were charged in connection with the disaster. WML was the last to receive its verdict, with six others having already pleaded guilty and charges against six others being dismissed.

The lawsuit against WML was the largest of its kind brought by New Zealand regulator Worksafe NZ. Worksafe NZ stated that it has noted the High Court's ruling and is considering whether to appeal. According to Radio New Zealand, James Cairney, the lawyer for James Buttle, Andrew Buttle, and Peter Buttle, the three brothers who own the company, said the Buttle family welcomed the ruling. He also stated that the Buttle family hoped it would "bring certainty for all landowners who allow others onto their land for recreational activities."

The Buttle family has owned White Island/Whakaari since the 1930s, when their grandfather purchased the island and placed it in a family trust. It is one of the few privately owned islands in New Zealand. Previously, the three brothers had also faced trial as individuals in relation to the 2019 disaster for alleged violations of New Zealand's workplace health and safety regulations, but those charges were dismissed in 2023.