Court Overturns Conviction for New Zealand Volcano Island Owners

WELLINGTON, New Zealand (AP) — The owners of Whakaari, an island volcano in New Zealand, had their criminal conviction overturned on Friday in a case stemming from a deadly eruption in December 2019 that killed 22 tourists and local guides.

The ruling by the High Court negates a previous conviction that held Whakaari Management accountable for breaching workplace safety regulations, absolving the company from paying millions in compensation to victims and their families. The Buttle brothers, who manage the island, originally faced fines and restitution orders totaling approximately NZD 28.7 million (USD 5.6 million).

During the 2023 trial, the company was found guilty of failing to ensure the safety of visitors, despite numerous warnings about the increasing volcanic activity on the island. Justice Simon Moore stated that the company was not responsible for managing day-to-day safety, reflecting that they only licensed access to the land for tourism operators and did not have control over safety practices carried out by those operators.

“It is impossible not to be deeply moved and affected by the sheer scale and nature of the human loss in this case,” Justice Moore said while noting the emotional testimony from survivors and families during the trial.

On the day of the eruption, 47 people — primarily from Australia and the U.S. — were present on the island. They were participating in a walking tour, which ultimately ended in tragedy as the volcano erupted, sending pyroclastic flows across the island. Survivors testified that they were not provided with adequate safety equipment during their visit.

The Buttle family’s ownership of Whakaari dates back to the 1930s when their grandfather acquired the island and placed it in a trust. The island is one of the few privately owned volcanic sites in New Zealand and had been a popular tourist attraction prior to the eruption.

James Cairney, the attorney representing Whakaari Management, commended the ruling, emphasizing it would clarify the legal responsibilities of landowners in similar situations. “This decision is critical for landowners who permit public access to their properties for recreational activities,” he stated.

The High Court’s ruling highlights a significant shift in New Zealand’s workplace safety regulations, particularly concerning the adventure tourism industry. Following the eruption, numerous entities, including five tour companies and a geoscience research institute, pleaded guilty to related charges, with most being ordered to pay large sums in restitution.

The legal decisions surrounding Whakaari will likely influence how responsibility is shared between landowners and tourism operators in the future, as the adventure tourism sector grapples with evolving safety standards and legal expectations.

Despite the overturning of the indictment, Justice Moore acknowledged that a substantive tragedy had unfolded, with multiple failures leading to the disastrous eruption. “The people on Whakaari at the time should never have been there,” he concluded in his ruling, emphasizing the need for a balance in the interpretation of workplace safety laws.