A New Zealand tour company has been held accountable for not doing enough to protect 22 people who lost their lives in the 2019 White Island volcano disaster.
The company, Whakaari Management Limited (WML), which grants licenses for tours to the island, was found guilty by Judge Evangelos Thomas.
He criticized what he called “shocking failures” on their part.
This case is the largest legal action of its kind ever taken by New Zealand’s regulator, Worksafe NZ.
The company could face fines of up to NZ$1.5 million ($928,000; £724,000).
In December 2019, the volcano on White Island, also known as Whakaari, erupted and tragically took the lives of 22 people, almost half of those present on the island at the time.
Most of the victims were tourists, including 17 from Australia and three from the US.
Another 25 people were injured, many with severe burns.
The volcano had been showing signs of increased activity for weeks leading up to the deadly eruption.
Whakaari is New Zealand’s most active volcano and has been erupting in some form since 2011.
Thirteen parties were charged in connection with the disaster.
WML was the last to receive a verdict after six had pleaded guilty, while six others had their charges dropped.
Sentences for those found guilty will be determined in February.
The three brothers who own the company, James, Andrew, and Peter Buttle, inherited the volcano and licensed other businesses to conduct tours.
They were also on trial individually for alleged breaches of New Zealand’s workplace health and safety laws but had those charges dropped last month.
WML’s lawyer argued that they were merely landowners and didn’t actively control the tours to the island or how they were carried out.
However, the judge stated that the company had “managed and controlled” the active volcano and failed in its duty to minimize the risks.
This included a failure to conduct proper risk assessments and engage with necessary experts.
The company was acquitted of a second charge related to the safety of its workers.
This disaster led to the most extensive and complex investigation ever conducted by WorkSafe NZ, which also received criticism for not monitoring activities on the island between 2014 and 2019.
Tourism activities on White Island have not resumed since the eruption.
Some tourists who purchased their tour tickets to Whakaari through Royal Caribbean Cruises have already reached settlements after suing the Florida-based company in the US.
Relatives of the victims expressed their emotions after the verdict.
Avey Woods, who lost her son Hayden Marshall-Inman on the island, described the verdict as “very emotional.”
Meredith Dallow, whose brother Simon and teenage stepdaughter Zoe Hosking were killed in the tragedy, said she felt “relieved and thankful” that there had finally been a verdict. She added, “Justice at long last.”
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