TRANSCRIPT
A New Zealand court has found the owners of White Island/Whakaari the offshore volcano which erupted in 2019 killing 22 people, guilty on one charge of breaching workplace safety laws.
The Auckland District Court ruled Whakaari Management Limited - or WML the holding company of landowners Andrew, James and Peter Buttle - had not met its obligations to visitors to the volcano.
The company faces a seven-figure fine when it is sentenced next year.
At the time of the eruption on 9 December 2019, 47 tourists and tour guides were on the island, including 24 Australians, 17 of whom were killed.
Judge Evangelos Thomas ruled that WML and failed in its duty to minimise the risks.
"I start with section 37, the section 37 charge. Am I sure WML owed the duty Worksafe alleges under Section 37? yes."
Justice Thomas criticising what he described as astonishing failures of safety audits given the obvious risks of an unpredictable volcano.
Many had booked day trips while visiting on cruise ship Ovation of the Seas.
Along with the 22 deaths, there were many others who were injured some severely.
The active volcano was assessed by geological research institute GNS Science at 'level two' during the eruption, indicating "moderate to heightened volcanic unrest".
Justice Thomas says the W-M-L failed to properly assess the risk.
"It was fundamental that it engaged the necessary expertise to assess risk arising from the conduct of commercial tours on its active volcano. This was critical to ensuring tours could be conducted safely."
The action was the largest of its kind brought by New Zealand's regulator, Worksafe New Zealand with the ruling on the 31 October marking the end of the 11-week trial process.
Worksafe had initially charged 13 parties with failings under Kiwi legislations.
Six were dismissed, six others pleaded guilty.
Only the fate of WML remained.
"I turn finally, then, to the result. The charge under Section 37 is proved and WML is convicted. The charge under section 36 is dismissed."
During the trial, those who survived told the court of their ordeal.
Judge Thomas paying tribute to them for their assistance.
"Each was remarkable. Each showed great strength and poise and dignity. They were a powerful and respectful voice for all of the victims."
Sentencing is set down for February with organisations facing the maximum penalty of 1.3 million dollars.
