Guilty Verdict: Company Blamed for White Island Disaster

• New Zealand’s WML found responsible for 2019 White Island volcano disaster, leading to 22 deaths.
• Judge criticizes “astonishing failures” in risk management by WML, the tour company.
• Worksafe NZ’s largest enforcement action could result in fines of up to NZ$1.5 million.

A New Zealand tour company, Whakaari Management Limited (WML), has been held accountable for its failure to “minimize risk” in the 2019 White Island volcano disaster, resulting in the tragic deaths of 22 people.

Judge Evangelos Thomas strongly criticized what he referred to as “astonishing failures” by WML, the company responsible for licensing tours to the island.

This case represents the largest enforcement action of its kind initiated by New Zealand’s regulatory authority, Worksafe NZ. WML could face fines of up to NZ$1.5 million ($928,000; £724,000).

The devastating eruption in December 2019 claimed the lives of 22 individuals, a significant portion of whom were tourists, including 17 from Australia and three from the US.

An additional 25 people sustained injuries, many of them with severe burns. The volcano, known as Whakaari in Māori, had displayed heightened unrest for several weeks leading up to the fatal eruption. As New Zealand’s most active volcano, it had been in a state of eruption since 2011.

Thirteen parties were charged in connection with the disaster, with WML being the last to receive a verdict. Six had already pleaded guilty, while six others had their charges dismissed.

Sentencing is scheduled for February.

The three brothers who own the company, James, Andrew, and Peter Buttle, inherited the volcano and granted licenses to other businesses to conduct tours.

They had also faced trial as individuals over alleged violations of New Zealand’s workplace health and safety legislation, but those charges were dropped last month.

WML’s legal representation argued that the company was merely a landowner without direct control over the island’s tours and their operations.

But the judge said it “managed and controlled” the active volcano and failed in its duty to minimize the risk there.

This included a failure to conduct proper risk assessments and to adequately engage with the necessary experts.

“It should have been no surprise that Whakaari could erupt at any time, and without warning, at the risk of death and serious injury,” said Judge Thomas.

Another charge against the company concerning the safety of its employees was also dismissed by the judge.

The White Island disaster prompted WorkSafe NZ to conduct its most extensive and intricate investigation to date.

However, the regulatory body faced criticism for its failure to adequately monitor activities on the island during the period from 2014 to 2019.

Tourism operations on White Island have not resumed since the eruption, with its status remaining dormant.

Some tourists who had purchased their tour tickets to Whakaari through Royal Caribbean Cruises have already reached settlements after filing lawsuits against the Florida-based company in the United States.

Avey Woods, who tragically lost her son Hayden Marshall-Inman on the island, described the verdict as “an incredibly emotional moment.”

“We feel like we’re not sitting around waiting for something – we’ve had an answer today which means we can move forward,” she told New Zealand’s 1News.

Meredith Dallow, whose brother Simon was also killed alongside his teenage stepdaughter Zoe Hosking, said she was “relieved and thankful” there had been a verdict. “Justice at long last,” Ms. Dallow added.

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