High Court Overturns Conviction of Whakaari Management in Fatal Eruption Case

The High Court of New Zealand has acquitted Whakaari Management Limited of liability in connection with a deadly volcano eruption that killed 22 people in December 2019, stating that the company was merely a landowner and not responsible for safety.

Whakaari Management Limited (WML), the company behind New Zealand’s Whakaari/White Island, no longer faces a conviction related to the catastrophic eruption that killed 22 visitors in December 2019. In a ruling delivered by the High Court on Friday, the court determined that WML was not accountable for the safety of visitors, as it merely owned the volcanic land and was not involved in the daily management of operations there.

Initially found guilty in 2023 for failing to ensure visitor safety and subsequently fined over NZ$1 million (approximately $560,000; £445,000), WML was also instructed to pay NZ$4.8 million in reparations to the victims’ families. However, the appeal confirmed that while WML authorized tours of the volcano, they depended on tour operators and scientific organizations to assess risks.

Justice Simon Moore emphasized that the ruling did not diminish the sorrow experienced by the grieving families affected by the disaster. “The scale and nature of the human loss in this case is deeply affecting,” he remarked. Thirteen parties faced charges related to the eruption, with some charges dismissed and others resulting in guilty pleas.

This was a historic case led by New Zealand's Worksafe regulator, which now contemplates further legal action following the High Court's unexpected decision. The Buttles, a family that has owned the island since the 1930s, expressed relief at the ruling, hoping it will clarify the responsibilities of landowners who allow access to recreational activities. The Buttles had also faced individual accusations concerning workplace safety regulations, which were dismissed in 2023.