In a significant legal development, the High Court of New Zealand has overturned the conviction of Whakaari Management Limited (WML) in relation to the 2019 eruption of Whakaari/White Island that resulted in 22 fatalities. Initially found guilty in 2023 for failing to ensure visitor safety and fined NZ$1m ($560,000; £445,000), with an additional order to pay NZ$4.8m in reparation to the victims, the court’s recent ruling absolves WML of responsibility for safety on the island. The court determined that, as the landowners, WML did not bear the duties of ensuring visitors’ safety—tasks believed to fall under the purview of tour operators, emergency management, and science organisations. Justice Simon Moore, presiding over the case, underscored the court’s consideration of the grievous impact on the victims’ families while making its determination. Highlighting the understanding that WML relied on other entities to assess safety risks, the court’s decision could have broader implications for landowners offering recreational access on their properties. WML, owned by the Buttle family since the 1930s, is one of the few privately-held islands in New Zealand, renowned for being the country’s most active volcano with eruptions recorded since 2011. The case involved a multitude of parties, with WML being the final to receive verdict following several guilty pleas and dismissed charges among other tour operators involved. The regulatory body, Worksafe NZ, acknowledged the High Court’s decision, leaving open the possibility of an appeal. Despite the legal exoneration, WML’s owner, James Buttle, and his brothers, Andrew and Peter, who were previously tried individually for breaching New Zealand’s workplace health and safety legislation, express hope that the decision will offer clarity for all landowners allowing recreational access to their lands.

Source: https://www.bbc.com/news/articles/c80yynv0jjpo