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New Zealand court overturns Whakaari Management Limited conviction

Thursday, March 6, 2025

View of the 2019 Whakaari / White Island eruption from Whakatane at 14:20, 9 minutes after the start of the eruption.
Image: GNS Science (formerly Institute of Geological and Nuclear Sciences Ltd.).

On Friday, the New Zealand High Court overturned the conviction of Whakaari Management Limited (WML), which had been found guilty of failing to ‘keep visitors safe’ during the 2019 eruption. The eruption killed 22 visitors and injured 25 others. The court ruled that WML only owned the land the volcano sits on and was not responsible for visitor safety.

High Court Justice Moore stated that while WML contracted tour operators to conduct tours of the island, the language in the agreements did not make WML liable for such incidents on the island.

The Buttle family welcomed the judge’s decision, according to their lawyer, who also stated the decision would “bring certainty for all landowners who grant others recreational access to their land.”

In the original 2023 trial, survivors testified that they were not warned about the potential dangers before the eruption. They also stated that they were not given protective equipment, and that their burns were exacerbated by their clothing. Most of the victims were American and Australian tourists and tour staff.

White Island, New Zealand’s most active volcano, showed increased activity in the weeks before the 2019 eruption. At the time, it was under an ‘Alert Level 2’ status, indicating “moderate to heightened volcanic unrest.”

Concluding the 2023 trial, the court fined WML NZ$1.045 million and ordered another NZ$4.88 million be paid in restitutions to the victims.

High Court Justice Moore said, “It is impossible not to be deeply moved and affected by the sheer scale and nature of the human loss in this case.”




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