New Zealand volcano island owners convicted over eruption that killed 22 people await miscarriage of justice ruling

The owners of an island volcano in New Zealand convicted over an eruption that killed 22 people are awaiting a ruling on whether they suffered a miscarriage of justice.

A judge is considering an appeal from Whakaari Management, which is run by three brothers who own the active volcano Whakaari, also known as White Island.

The company was convicted of failing to keep visitors safe following an eruption that killed 22 tourists and local guides in 2019.

In March, it was ordered to pay millions of dollars in fines and reparations to the victims of the eruption, who were mostly US and Australian cruise ship passengers on a walking tour.

Whakaari Management’s case, laid out in a three-day appeal at the High Court in Auckland which ended on Thursday, was that responsibility for the safety of visitors lay with the tour operators, and not itself.

Prosecutors said the firm should have done risk assessments to decide if tourists should have even been allowed there at all.

But lawyers for the company told the court this week that it had acted as a landlord, not a manager of operations and, as it had nothing to do with the tours, the operators were responsible for on-site safety.

There were 47 tourists and tour guides on the island in December 2019 when superheated steam blew, killing some instantly and leaving others with agonising burns.

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White Island, the tip of an undersea volcano also known by its Maori name Whakaari, was a popular tourist destination before the eruption and was reached by boat or helicopter from the North Island’s Bay of Plenty.

In emotional evidence, survivors said they had not been told the active volcano was dangerous when they paid to visit it.

They also said they weren’t given protective equipment, and many were wearing clothing that made their horrific burns even worse.

In his ruling, Judge Evangelos Thomas said Whakaari Management had failed to undertake a risk assessment despite knowing of an eruption three years earlier.

He said the company should have sought expert advice about the dangers and either stopped the tours entirely or put controls in place.

Charges were brought against 13 organisations and people, with some pleading guilty, including three companies that operated helicopter tours.

Justice Simon Moore told the court he will decide on the appeal by the end of the year.