Some Whakaari eruption charges carry $1.5m fine

Whakaari/White Island after the 2019 eruption. Photo: Auckland Rescue Helicopter Trust.

The 13 organisations and people charged with exposing their people to death or serious injury in the 2019 Whakaari/White Island eruption could face fines of up to $1.5 million if convicted.

Lawyers for prosecutor Worksafe, the 10 organisations and the three individuals appeared at the Auckland District Court today after charges were laid in November.

The charges relate to the period leading up to the eruption, not the rescue operations that followed.

Whakaari erupted on December 9, 2019, while 47 people were ashore. Twenty-two people were killed. Almost all the survivors suffered severe or critical injuries.

Judge Evangelos Thomas began the hearing by commemorating the victims of the eruption.

'We remember and honour those that lost their lives in the Whakaari eruption, their families and whānau. We acknowledge all those that suffered and continue to suffer pain and hardship.”

Whakaari/White Island is owned by a trust managed by Whakaari Management Limited. The company faces charges, as do its three directors Andrew, James and Peter Buttle.

Touring companies have also been charged. They are White Island Tours Limited, Volcanic Air Safaris, Aerius Limited, Kahu NZ Limited, Inflite Charters Limited, I D Tours New Zealand Limited, and Tauranga Tourism Services Limited.

The Government entities GNS Science and the National Emergency Management Agency, formerly Civil Defence also face charges.

Some charges carry a maximum fine of $1.5 million.

Judge Evangelos Thomas paid tribute to the victims of the eruption. Abigail Dougherty/Stuff.

Worksafe lawyer Steve Symon said the prosecutors had disclosed some documents to lawyers for the accused but there were more to come.

Some of the lawyers for the accused wished to have the case heard in Whakatāne, as that was the closest court to the alleged offending.

Symon said that could cause psychological issues for the victims if they wished to attend. He also added some of the survivors have complex medical conditions, and it was unclear if Whakatāne could cater for them.

Judge Thomas said he wanted a lawyer appointed for the victims and their families, so their interests could be part of the proceedings. He said there would also be provision for an audio-visual link for them to watch the proceeding if they were unable to travel to Whakatāne.

The matter will next be called in the Whakatāne District Court on June 3.

At the time the charges were laid, WorkSafe chief executive Phil Parkes​ said an investigation into the parties found they did not meet their obligations under the Health and Safety at Work Act 2015 when taking tourists to the island.

'As a nation we need to look at this tragedy and ask if we are truly doing enough to ensure our mothers, fathers, children and friends come home to us healthy and safe at the end of each day.

'It is now up to the judicial system to determine whether they did or not.”

Since the charges were filed, a Change.org petition calling for the charges against two rescue pilots to be dropped has been signed by more than 125,000 people.

Helicopters and Floatplanes director and chief pilot Tim Barrow, along with Kahu NZ chief executive Mark Law, saved multiple lives after the volcano erupted.

The petition asks Prime Minister Jacinda Ardern to recognise the extraordinary efforts of Law and Barrow.

Edward Gay/Stuff.

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4 comments

Crazy

Posted on 05-03-2021 17:47 | By Logical

I find it astonishing any company can be held accountable for what is an act of god. Yes it’s an active volcano, and yes everyone that went that day knew that, to hold companies to account for what is a terrible, unpredictable event seems ludicrous and instead of Worksafe pointing fingers elsewhere shouldn’t the finger be pointed at them? I’m wondering how often in the past have they been on the island inspecting the safety of it.


1.5 million, eh?

Posted on 06-03-2021 16:54 | By morepork

Watch the vultures gather... @Crazy, I don't like pointing fingers at anyone, but you have a fair point. People went there of their own accord, knowing the risks. As long as we establish that procedures were adequate and followed, it seems dishonorable to me to make a Legal lottery out of it, so Lawyers can get rich. What happened was tragic enough, we don't need to add to it.


Crock

Posted on 07-03-2021 12:05 | By MountBorn

To much PC funny how Geonet gets away from this or even Civil Defense if my house is at risk of bush fire or slip im ordered to leave, if i get killed by a protected animal etc is prime industries liable i think not


Lol

Posted on 07-03-2021 20:51 | By Slim Shady

I think it has already been established that procedures were not adequate and followed.


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