In a significant legal development, the owners of New Zealand’s Whakaari/White Island have had their company’s conviction overturned. This decision comes after the 2019 volcanic eruption that tragically claimed 22 lives and left 25 others seriously injured.en.wikipedia.org+5nzherald.co.nz+5rnz.co.nz+5
Background: The 2019 Eruption
On December 9, 2019, Whakaari/White Island, an active stratovolcano located in New Zealand’s Bay of Plenty, erupted unexpectedly. At the time, 47 individuals, primarily tourists from the U.S. and Australia, were on the island. The sudden eruption resulted in 22 fatalities and severe injuries to 25 others. news.sky.com+2en.wikipedia.org+2apnews.com+2
Initial Conviction and Appeal
Following the eruption, Whakaari Management Limited (WML), owned by brothers Andrew, James, and Peter Buttle, was convicted in 2023 for failing to ensure the safety of visitors under New Zealand’s workplace health and safety laws. The company was fined NZD 1.045 million and ordered to pay NZD 4.88 million in reparations to the victims. upi.com+5apnews.com+5rnz.co.nz+5rnz.co.nz+1rnz.co.nz+1
WML appealed the conviction, arguing that their role was limited to land ownership and that they did not manage or control the island’s tour operations. They contended that licensed tour operators and relevant agencies were responsible for assessing and managing the risks associated with visiting the active volcano. apnews.com+5rnz.co.nz+5rnz.co.nz+5apnews.com
High Court’s Decision
On February 28, 2025, Justice Simon Moore of the High Court ruled in favor of WML, overturning the previous conviction. In his judgment, Justice Moore stated that WML’s responsibilities were confined to granting access to the land through permits and that they did not have a duty under the relevant law to ensure the safety of tour operations conducted by independent companies. He noted that it was reasonable for WML to rely on licensed tour operators and governmental agencies to manage and communicate the risks associated with the volcano.
Implications for Adventure Tourism
This ruling has significant implications for New Zealand’s adventure tourism industry. It clarifies the extent of liability for landowners who permit commercial activities on their properties, emphasizing the responsibilities of tour operators and regulatory bodies in ensuring visitor safety. The decision underscores the importance of clear delineation of duties among stakeholders involved in high-risk tourism ventures.
The 2019 Whakaari/White Island eruption remains a poignant reminder of the inherent risks associated with adventure tourism. This legal outcome highlights the complexities in assigning responsibility and the need for stringent safety protocols to protect both visitors and operators in such environments.
