High Court Rules That Whakaari Owners Were Not Responsible for Visitor Safety
The conviction against the owners of Whakaari/White Island, the active New Zealand volcano that erupted in 2019 and claimed 22 lives, has been overturned by the country’s High Court.
Whakaari Management Limited (WML) was found guilty in 2023 of failing to protect visitors and was fined over NZ$1 million, alongside an NZ$4.8 million reparation order for victims. However, after an appeal, the court determined on Friday that the company, as landowners, was not accountable for ensuring visitor safety.
White Island, also known by its Māori name Whakaari, had shown signs of heightened activity before the devastating December 2019 eruption. At the time, 47 people were on the island, mostly tourists, including 17 Australians and three Americans. Twenty-five suffered severe burns.
Justice Simon Moore stated that while WML had issued licences for tour operators, it had no direct control over daily activities on the island. He ruled that the company had reasonably relied on tour companies and safety authorities to assess risks. Though acknowledging the profound grief of the victims’ families, he emphasised that legal responsibility did not fall on WML.
Thirteen parties, including tour operators, faced charges over the disaster. Some pleaded guilty, others had charges dismissed, and WML was the final entity to receive a verdict. New Zealand’s workplace safety regulator, Worksafe NZ, has acknowledged the ruling and is considering an appeal.
James Cairney, representing company owners James, Andrew, and Peter Buttle, welcomed the decision, stating it provided clarity for landowners allowing recreational access to their property. The Buttle family has owned the island since the 1930s, passing it through a family trust.
