Judge defeats the conviction of the owners of the volcano of the island of New Zealand where 22 died in an eruption

Wellington, New Zealand – The owners of an island volcano in New Zealand, where 22 tourists and local guides died in an eruption, had their criminal sentence for not keeping visitors safe that a judge retailed on Friday.

The failure acquits the company to pay millions of dollars in restitutions to the families of those who afflicted themselves in the 2019 explosion in Whakaari, also known as White Island, and two dozen seriously injured survivors. The majority of the 47 people on the island were American and Australian cruise passengers on a walking tour, along with their local guides.

The company, Whakaari Management, led by three brothers who have the active volcano on the North Island of New Zealand, appealed their convictions for violating the health and safety law of the New Zealand workplace at a hearing of three days last October in the Superior Court of Auckland. They were declared guilty in a 2023 trial. Responsibility for probe tourism safety

The case depended on whether the company, which granted access to the volcano to tourism operators and scientific groups, due to a rate, should have been in charge of safety practices on the island under the health and safety laws in the workplace of New Zealand. Any person in charge of a workplace must guarantee the management of the hazards and safety of all there, even at the entry and exit points.

The survivors told trial in emotional testimony during the company’s 2023 trial that had not been told that the active volcano was dangerous when they paid to visit it. They were not given protection equipment, and many wore clothes that made their horrible burns more harmful.

In Friday’s written ruling, Judge Simon Moore ruled that the company did not have a duty under the relevant law to ensure that the workplace of the walk on foot without risks to health and safety. He agreed with the lawyers of the company that the company only granted access to the naked land through permits, and should not have been legally considered an entity that administered or controlled the workplace.

The judge ruled that it was not unreasonable for the company to trust tourism operators, who had a license under the New Zealand law, and the scientific and emergency management agencies and scientists to evaluate the risks of activities on the island and administer security precautions. A significant case for the tourism sector

The case had long -range implications and changed the laws that govern the Adventure Tourism industry in New Zealand, which is often based on outdoor emotions in or around the many natural dangers of the country. Operators must now take all reasonable measures to inform customers about any serious risk.

The company’s lawyers said during the hearing last October that if the conviction was allowed to stand up, it would make other land owners reluctant to allow such activities to take place in their property for fear of being considered responsible for the daily decisions of the tourism companies that operate, a suggestion rejected by the security regulator of the New Zealand workplace, which brought the positions.

Judge Moore said on Friday’s decision that an interpretation too narrow or broad of the law governing who controls a workplace could have “deep” consequences. Others faced charges

White Isand, the tip of an underwater volcano also known by its name Maorí Whakaari, was a popular tourist destination before the eruption and was reached in boat or helicopter from the bay of the northern island of abundance. When the overheated steam blew in December 2019, he killed some instantly and left others with agonizing burns.

The security regulator at the workplace presented charges against several parts, including the company led by Andrew, Peter and James Buttle.

Six entities declared themselves guilty in 2022 and 2023 of the positions they faced, including five tour companies and the New Zealand Geoscience Research Institute, which monitors active volcanoes.

The charges were dismissed against the Buttle Brothers individually, together with two tourist logistics companies and the Government Emergency Management Agency.

In March, those convicted were ordered to pay a combined total of just over 10 million dollars in New Zealand in restitutions to the afflicted families and survivors. Almost half of that should be paid by Whakaari Management Limited.

The company presented its appeal the same month.

In his ruling, Judge Moore said he had not overlooked or minimized the “non -quantifiable tragedy” of the episode.

“The 47 people who were in Whakaari at the time it exploded should never have been there,” he wrote. The fact that “multiple systemic failures” were revealed.

However, the case was decided on the law and particular facts and reduced to relatively narrow legal issues, he added.

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