The owners of a New Zealand volcano who broke out in 2019, killing 22 people, had their conviction for the disaster thrown by the High Court of the country.
Whakaari Management Limited (WML) was found guilty in 2023 not to ensure the safety of visitors and a fine of just over $ 1 to 1 million ($ 560,000; £ 445,000). They were also ordered to pay $ 4.8 million NZ in victims.
However, following an appeal, the High Court ruled on Friday that the company only owned the land and was not responsible for the security of people.
White Island, who is also known by his name Maori, Whakaari, is the most active volcano in New Zealand and bursts in one form or another since 2011.
He showed signs of increased troubles for weeks before the fatal eruption of December 2019, which killed almost half of the people on her at the time. Most of them were tourists, including 17 from Australia and three from the United States.
25 other people were injured, with many significant burns.
High Court judge Simon Moore said on Friday that, even if WML had authorized the volcano visits, there was nothing in these agreements which gave the company’s control what was going on on day -to -day.
He agreed that it was reasonable for the company to rely on tour operators, as well as on emergency and scientific management organizations, to assess safety risks.
Judge Moore added that by coming to his decision, he had not ignored the pain and sorrow of the families who had been affected.
“It is impossible not to be deeply moved and affected by the scale and the nature of human loss in this case,” he said.
Thirteen games in total, including tour operators, were charged with disaster. WML was the last to receive a verdict after six pleaded guilty, while six others had their accusations reject.
The case against WML was the greatest action of the genre brought by the New Zealand regulator, Worksafe NZ, who said he recognized the decision of the High Court and planned to appeal.
James Cairney, James lawyer, Andrew and Peter Buttle – Three brothers owners of the company – said the family had welcomed the decision, Radio New Zealand reported. He added that the buttles hoped that this would bring certainty to all the landowners who grant others a recreational access to their land “.
The Buttle family had owned Whakaari / White Island since the 1930s, when their grandfather bought it and placed it in a family trust. It is one of the few private islands in New Zealand.
The brothers had been judged before in relation to the 2019 disaster as an individual on alleged violations of health and safety in terms of work in matters of work in New Zealand. These accusations were rejected in 2023.
