WELLINGTON, New Zealand (AP) — A judge has dismissed the criminal conviction of the owners of Whakaari, an island volcano in New Zealand, where 22 tourists and local guides tragically lost their lives during an eruption. This ruling on Friday frees the company from potentially owing millions in restitution to the families affected by the devastating 2019 eruption and to the two dozen survivors who suffered serious injuries. Among the 47 individuals present on the island at the time were many cruise ship passengers from the U.S. and Australia, who were exploring the site with their local guides.

Whakaari Management, run by three brothers who oversee the active volcano on New Zealand’s North Island, had appealed their prior convictions for violating the nation’s workplace health and safety regulations. This came after a rigorous three-day hearing held last October at the High Court in Auckland. They were found guilty during a trial in 2023.

Investigating Tourist Safety Responsibilities

The legal argument centered on whether Whakaari Management, which allowed tourism operators and scientific groups access to the volcano for a fee, was responsible for implementing safety protocols on the island as outlined by New Zealand’s workplace health and safety guidelines. Under these regulations, entities in charge of a location are obligated to manage hazards and ensure the safety of all individuals present, including at entry and exit points.

During the trial, survivors provided poignant testimony, expressing that they had not been warned about the volcano’s dangers when purchasing tickets for the tour. Furthermore, they were not supplied with protective gear, leading to severe injuries when the eruption occurred.

In a written decision released on Friday, Justice Simon Moore concluded that the company was not obligated under the pertinent laws to ensure that the walking tour environment was devoid of health and safety risks. He concurred with the defense attorneys’ assertion that the company merely provided permits for access to the land and should not be classified as an organization that managed or controlled operations on the island.

The judge stated that it was reasonable for Whakaari Management to depend on licensed tourism operators, as well as emergency and scientific agencies, to evaluate risks and implement safety measures.

A Landmark Case for New Zealand’s Tourism Industry

This case holds significant implications for New Zealand’s adventure tourism sector, which thrives on outdoor activities near the nation’s numerous natural hazards. Operators are now mandated to take comprehensive measures to inform clients about any serious risks involved.

During the hearings last October, lawyers representing the company argued that sustaining the conviction would deter other landowners from permitting similar tourism endeavors on their properties out of fear of being held accountable for the daily operations of businesses functioning within their premises. This view was countered by New Zealand’s workplace safety authority, which initiated the litigation.

Justice Moore emphasized that overly broad or limited interpretations of workplace control laws could lead to “profound” ramifications.

Other Parties Face Charges

White Island, identifiable as the summit of an underwater volcano known in Māori as Whakaari, used to be a favored tourist site, accessible by boat or helicopter from the Bay of Plenty on New Zealand’s North Island. The devastating eruption in December 2019 claimed lives instantly and inflicted critical burns on many others.

The workplace safety regulator brought charges against multiple parties, including the company led by brothers Andrew, Peter, and James Buttle.

Six organizations, including five tour companies and New Zealand’s geoscience research institute—tasked with monitoring active volcanoes—pleaded guilty to the charges in 2022 and 2023.

However, charges against the Buttle brothers, along with two tourism logistics businesses and a government emergency management agency, were dismissed.

In March, those found guilty were ordered to pay approximately 10 million New Zealand dollars ($5.6 million) collectively in restitution to the families of the victims and survivors, with nearly half of that amount expected to be paid by Whakaari Management Limited.

The company filed an appeal in the same month. In his judgment, Justice Moore acknowledged the “unquantifiable tragedy” of the incident.

“The 47 individuals present on Whakaari at the time of the eruption should never have been there,” he noted, highlighting the “systemic failures” that allowed it to happen.

However, he clarified that the determination was based on specific legal aspects and facts, which revolved around relatively narrow legal issues.