New Zealand Volcanic Eruption Victims Awarded Millions in Compensation by Court

Tour operators and the company that owns the New Zealand island where a volcanic eruption tragically killed 22 people and injured many others have been fined $1.6 million (NZ$2.6 million). Additionally, they have been ordered to pay $6.2 million (NZ$10.2 million) in compensation to the victims and their families.

The District Court in Auckland made its decision on Friday, concluding a criminal case initiated by WorkSafe, New Zealand’s health and safety regulators. The case was brought forward to seek justice for the 47 tourists who were on Whakaari, also known as White Island, on December 9, 2019.

The island, located 48 kilometers (30 miles) off the coast of New Zealand's North Island, used to be a favorite spot for tourists looking to hike up an active volcano.

During the trial that took place last year, there were chilling accounts of how the island became like a "burning oven" for the visitors when the volcano suddenly erupted.

Survivors who suffered severe burns shared their testimonies against different companies in court. One of the companies, Whakaari Management Ltd, which owned the island, was accused of not informing them about the dangers.

Judge Evangelos Thomas made a ruling on Friday. He found that both Whakaari Management Ltd and the tour operators did not properly assess the risks, which led to a violation of health and safety regulations and resulted in tragic outcomes.

He pointed out that the operators did not consult with volcanological experts and did not understand how unpredictable eruptions can be, resulting in a flawed evaluation of risk management. The judge also mentioned that the island owner did not ensure that the operators thoroughly assessed the potential risks.

An image provided by visitor Michael Schade shows White Island (Whakaari) volcano, as it erupts, in the Bay of Plenty, New Zealand, 09 December 2019.

An image provided by visitor Michael Schade shows White Island (Whakaari) volcano, as it erupts, in the Bay of Plenty, New Zealand, 09 December 2019.

Michael Schade/EPA-EFE/Shutterstock

Whakaari Management Ltd, owned by the Buttle brothers Andrew, Peter, and James, was found guilty after a trial. They had initially pleaded not guilty to a charge under the Health and Safety at Work Act in the country. The company was fined $636,034 (NZ$1,045,000) and was also required to pay reparation amounting to $2.9 million (NZ$4.8 million). This was the highest amount among all the defendants involved in the case.

The other four operators implicated in the case are White Island Tours Ltd, Volcanic Air Safaris Ltd, Aerius Ltd, and Kahu (NZ) Ltd.

Thomas mentioned that all defendants have either ceased trading, have no assets, were in liquidation, or were in a weak financial position.

For Whakaari Management Ltd, which states it has "no assets," the judge pointed out that the Buttles family seemed to have benefited greatly from the tour operation, even though he is unable to compel shareholders to use their personal funds to pay.

He cautioned that while there may not be a clear business reason for taking action, some believe there is a strong moral imperative to do so.

He added, "We are curious to see what the Buttles will decide. The eyes of the world are on them."

That day, there were 47 people on Whakaari, including honeymooners and families from countries like Australia, the United States, and Malaysia.

Last July, survivors shared their harrowing experiences during the trial, recounting the intense conditions and excruciating pain they endured while trying to escape the eruption.

Tourist Annie Lu, who had burns on 38% of her body, remembered the sensation of "sand and rocks being hurled" at her.

She described the pain as similar to "hot needles being pressed onto your skin" while testifying from Australia via video link in July last year.

When American tourist Matthew Urey opened the oven, he felt a rush of heat that was unbearable. It was like being hit with intense heat, but much worse, he explained. He struggled to breathe as waves of heat surrounded them, reaching temperatures as high as 100 degrees Celsius (212 degrees Fahrenheit), according to prosecutors.

“I don’t know whether it was steam or hot ash, but it was all over us,” he testified during the trial.

American Matthew Urey is seen in the witness box at the Whakaari or White Island, eruption trial at the Auckland Environment Court, in Auckland, New Zealand, Wednesday, July 12, 2023.

American Matthew Urey appeared in court at the trial for the Whakaari or White Island eruption in Auckland, New Zealand. The trial took place at the Auckland Environment Court on Wednesday, July 12, 2023. Matthew Urey was seen in the witness box during the proceedings.

The video shown in court displayed large clouds of ash towering over a group of tourists, who were led by tour guides from the dock where their boat was parked to the crater.

During the trial, the judge recognized the "damage" caused by the incident, mentioning the severe injuries and trauma still experienced by many victims, as well as the sorrow felt by those who lost family members.

He said that even though it may be hard for someone who hasn't experienced it to understand, we greatly admire and respect those who are bravely working to rebuild themselves, their lives, and their families.

Editor's P/S:

The tragic events on Whakaari/White Island serve as a stark reminder of the devastating consequences that can arise from complacency and negligence. The lack of proper risk assessment and safety measures by the tour operators and the island's owner led to the unnecessary loss of lives and severe injuries. The fines and compensation ordered by the court send a clear message about the importance of prioritizing safety and adhering to regulations. It is essential that those responsible for managing such activities take all necessary precautions to prevent such tragedies from happening again.

The harrowing accounts shared by the survivors paint a vivid picture of the unimaginable horror they endured. The physical and emotional trauma they have suffered is a testament to the profound impact of this incident. Their courage in coming forward and sharing their experiences not only highlights the need for accountability but also serves as a reminder of the resilience of the human spirit in the face of adversity. The financial penalties imposed on the defendants may provide some measure of justice for the victims and their families, but it cannot fully compensate for the immeasurable loss and suffering they have endured.