The owners of a New Zealand island volcano that erupted in 2019, killing 22 tourists and local guides, have had the conviction against them overturned by the country’s High Court, according to a BBC report. The ruling has absolved the company, Whakaari Management, from shelling out millions of dollars in restitution to the families of the victims and two dozen survivors who were seriously injured.
Whakaari Management, run by James, Andrew and Peter Buttle — the three brothers who own the active volcano, was found guilty in a 2023 trial for breaching the country’s workplace health and safety law by failing to keep visitors safe. They were fined just over Rs 4.8 crore ($560,000) and also ordered to pay Rs 23 crore ($2.68 million) in reparation to the victims.
However, following an appeal, the High Court on Friday (Feb 28) ruled that the company only owned the land and was not responsible for people’s safety. High Court Justice Simon Moore said the company only licensed the tours with nothing in the agreement giving it control of what was happening on the island day to day.
Justice Moore added that, in coming to his decision, he had not ignored the pain and grief of the families that had been affected.
“It is impossible not to be deeply moved and affected by the sheer scale and nature of the human loss in this case,” he said.
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Notably, 47 people were on Whakaari, also known as White Island, when it erupted in December 2019. It is regarded as New Zealand’s most active volcano and has been erupting since 2011 in some form. In the lead-up to the fatal accident, the volcano had been showing signs of heightened unrest.
James Cairney, an attorney representing the three brothers said the family welcomed the decision, adding that the Buttles hoped it would “bring certainty for all landowners who grant others recreational access to their land”.
The Buttle family has owned the island since the 1930s when their grandfather bought it and placed it in a family trust. It is one of only a few privately owned islands in New Zealand.
