The owners of Whakaari/White Island, the New Zealand volcano that erupted in 2019 killing 22 people, have launched an appeal against their criminal conviction for violating safety laws, The Associated Press reports.
Whakaari Management, owned by brothers Andrew, Peter, and James Buttle, argues that tour operators, not their company, were responsible for visitor safety.
The company was found guilty last October by New Zealand’s workplace safety regulator for failing to protect visitors. They were ordered to pay millions in fines and restitution to victims, who were tourists from a cruise ship and their local guides.
In their appeal, Whakaari Management argues that they only provided access to the volcano, expecting tour operators to manage visitor safety. Their lawyer, Rachael Reed, argued that the trial judge erred by ruling the volcano owners were responsible for mitigating health and safety risks, despite only granting access.
The devastating eruption, which occurred in December 2019, resulted in the deaths of 47 tourists and tour guides, mostly from the U.S. and Australia. The disaster highlighted the inherent risks of New Zealand’s adventure tourism industry and spurred stricter regulations for tour companies.
Survivors of the eruption spoke of being misled about the dangers of the active volcano before their guided walk to the crater. The trial judge, Justice Evangelos Thomas, found Whakaari Management guilty of failing to undertake a risk assessment, despite being aware of a previous eruption three years earlier. He ruled the company should have sought expert advice and either halted tours or implemented safety controls.
The appeal comes as part of ongoing legal proceedings surrounding the tragedy. Thirteen organizations and individuals, including Whakaari Management, were charged with safety violations. Several companies involved in helicopter tours, boat tours, and scenic flights, along with GNS Science, the New Zealand scientific agency, pleaded guilty. Charges against others were dropped.
The appeal hearing will continue this week, with Justice Simon Moore expected to hear further arguments from Whakaari Management before the regulator presents its case. Moore stated that any error by the trial judge must constitute a miscarriage of justice for the appeal to be successful.
