The owners of an island volcano in New Zealand that erupted in 2019, killing 22 people, are appealing their company’s criminal conviction on safety breaches at the High Court in Auckland
FILE - Plumes of steam rise above White Island off the coast of Whakatane, New Zealand, on Dec. 11, 2019, following a volcanic eruption on Dec. 9. The owners of an island volcano in New Zealand that erupted in 2019, killing 22 people, launched an appeal on Tuesday against, arguing that tour operators — rather than their company — were responsible for the safety of visitors to Whakaari, also known as White Island.
The company in March filed an appeal. On Tuesday, lawyer Rachael Reed told the High Court in Auckland that the trial judge had erred when he ruled the volcano’s owners were the managers or controllers of a workplace under the law — and were therefore responsible for mitigating health and safety risks to anyone present.
“Just like any landowner, it had the ability to and did grant the right of access to the land through licenses. That is what it did,” she told the court, referencing the company. “It did not run the tours. It did not direct or supervise the tours.” Judge Thomas said the company should have sought expert advice about the dangers and either stopped the tours entirely or put controls in place. He dismissed a second charge against the company.
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