A New Zealand judge has overturned the criminal conviction of Whakaari Management Ltd., the company that owns Whakaari/White Island, where a 2019 volcanic eruption resulted in 22 deaths and numerous injuries. This decision absolves the company from paying millions in restitution to victims’ families and survivors.
What Happened?
On February 28, 2025, Justice Simon Moore ruled that Whakaari Management Ltd. did not have a legal duty to ensure visitor safety on the island. The company, operated by brothers Andrew, James, and Peter Buttle, had been previously convicted in 2023 for breaching workplace health and safety laws. The judge determined that the company’s role was limited to granting access permits and did not extend to managing on-site safety protocols.
Why It’s Important
This ruling has significant implications for New Zealand’s adventure tourism industry. It clarifies the extent of liability for landowners versus tour operators, potentially reshaping how responsibilities are assigned and managed. The decision may influence future legal interpretations and operational practices within the sector, especially concerning natural hazard sites.
What Experts Say
Justice Moore stated that a narrow or overly broad interpretation of the law regarding workplace control could have profound consequences. He emphasized that Whakaari Management Ltd. reasonably relied on licensed tour operators and scientific agencies to assess and manage on-site risks.
What’s Next
Following this ruling, there may be a reassessment of safety protocols and liability frameworks within New Zealand’s adventure tourism industry. Tour operators might need to enhance their risk assessment and safety measures to ensure compliance with legal standards. Additionally, regulatory bodies could consider revising guidelines to clearly delineate responsibilities between landowners and operators.
In summary, the overturning of Whakaari Management Ltd.’s conviction shifts the focus of legal responsibility from landowners to tour operators in New Zealand’s adventure tourism sector. This development underscores the necessity for clear safety protocols and well-defined liability to protect both visitors and businesses.
