Plastic Bank Partners

An Auckland court has found Whakaari Management Limited (WML) guilty of breaching workplace safety laws relating to the Whakaari/White Island eruption in 2019. This decision could have implications for anyone involved in adventure tourism in New Zealand.

When Whakaari erupted on December 9 2019 there were 47 people on the island. The eruption killed 22 of them and injured 25, some severely. The island was at alert level VAL 2 (moderate to heightened volcanic unrest) when it erupted.

As owner of the island, WML was charged with failing to adequately minimise the risks to tourists.

The court’s guilty verdict will likely result in significant changes to the NZ$26.5 billion tourism industry. So how did we get here and what is likely to change?

New Zealand’s most active volcano

The Buttle family has owned Whakaari since 1936. Brothers Peter, James and Andrew Buttle inherited the island in 2012 and own it through a family trust. The trust leased Whakaari to WML (with the Buttles as the company’s directors).

WML had licensing agreements with tour companies to run commercial walking tours. Of the 47 people on the island when it erupted, 38 were part of a tour organised through the Royal Caribbean cruise ship Ovation of the Seas. Questions quickly arose about how aware tourists were of the risks and who might be held responsible.

WorkSafe New Zealand originally charged 13 parties under the Health and Safety at Work Act. Six eventually pleaded guilty to the charges and six, including the three Buttle brothers, had their cases dismissed.