High Court Overturns Conviction of Whakaari Volcano Owners in 2019 Eruption Case

The High Court's ruling states that while the company owned the land, it was not responsible for ensuring visitor safety. This landmark decision could affect liability standards for landowners in similar situations.

The High Court of New Zealand has struck down the conviction of Whakaari Management Limited (WML) linked to the devastating eruption of Whakaari/White Island in December 2019, which resulted in the deaths of 22 individuals. Initially found guilty in 2023 of negligence towards visitor safety, WML faced a fine exceeding NZ$1 million (approximately $560,000 or £445,000) and a reparation order totaling NZ$4.8 million to support the victims' families. The volcano, known for its active geological history, had displayed warning signs indicating its heightened state of activity weeks prior to the fatal eruption.

Justice Simon Moore articulated that WML only held ownership of the land and had no direct operational control or responsibility over day-to-day activities on the island, indicating that the company reasonably relied on tour operators and emergency management organizations to assess safety risks. While acknowledging the profound sorrow experienced by the victims' families, he highlighted the legal limitations regarding the company’s accountability in this case.

Following this ruling, there were a total of 13 parties implicated in the disaster, including various tour operators. WML was the last entity to receive a verdict, with some parties having already pleaded guilty or had charges dismissed. Worksafe NZ, which spearheaded the regulatory action against the company, is currently considering whether to appeal the High Court's decision.

James Cairney, attorney for the Buttle brothers—who have owned Whakaari/White Island since the 1930s—expressed relief at the ruling, indicating it may potentially clarify landowner obligations toward recreational access. The Buttle family has a long-standing relationship with the island through a family trust established by their grandfather. Prior charges against the brothers concerning breaches of workplace safety laws were previously dismissed in 2023. The outcome of this case sets a significant precedent regarding landowner liability in New Zealand's tourism landscape.