New Zealand’s Whakaari volcano island owners’ conviction for negligence has been overturned by a judge, who determined that the company responsible for the land did not have to ensure the company was risk-free to visit.

In a tragic event in 2019, White Island, also known as Whakaari, saw an eruption that led to the deaths of 22 tourists and local guides and serious injuries to many others. Among the victims were predominantly US and Australian cruise ship passengers who were on a guided tour, alongside their local guides.

Survivors recounted their experiences of not being informed of the potential dangers of the active volcano, and that they did not receive protective gear or warnings about the hazards they faced. In a trial in 2023, the court found Whakaari Management guilty of failing to ensure visitor safety, according to New Zealand’s workplace health and safety laws.

However, the company’s appeal in a three-day hearing at the High Court in Auckland successfully argued that their role was merely to grant visitors access to the island with permits, and that they should not be considered the entity responsible for managing or controlling the workplace environment.

Justice Simon Moore, in his written ruling, agreed with the company’s appeal and stated that it was reasonable for the company to trust the assessment and management of risks to the island’s tourism operators, emergency services, and scientific agencies.

The ruling has wide-ranging implications and has prompted changes to New Zealand’s adventure tourism laws. Operators now have a requirement to clearly communicate any significant risks to customers.

Prior to the incident, White Island, known for its active volcanic landscapes, was a widely visited destination.

Source: https://news.sky.com/story/new-zealand-volcano-owners-conviction-over-deadly-eruption-overturned-13318473