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The owners of a volcano in New Zealand, which broke out in 2019, killing 22 people, had a sentence for the disaster dumped by the country’s Supreme Court.
Whakaari Management Limited (WML) was found guilty in 2023 that it failed to keep visitors safe and fined just over $ 1 million ($ 560,000; $ 445,000 in pounds). They were also ordered to pay NZ $ 4.8 million for victims reparation.
However, after the appeal, the Supreme Court ruled on Friday that the company owned only land and is not responsible for the safety of humans.
White Island, which is also known by its name Maori, Whakaari, is the most active volcano in New Zealand and has erupted in some form since 2011.
He showed signs of increased excitement for weeks before the fatal eruption in December 2019, killing almost half of the people who were at that time. Most were tourists, including 17 from Australia and three from the United States.
Another 25 people were injured, suffering from extensive burns.
Supreme Court Justice Simon Moore said on Friday that while WML licensed tours of the volcano, there is nothing in these agreements that will control the company over what is happening on the island day by day.
He agreed that it was reasonable for the company to rely on tour operators, as well as on emergency management organizations and scientific organizations, to evaluate safety risks.
Justice Moore added that in his decision, he did not neglect the pain and grief of the affected families.
“It is impossible not to be deeply excited and affected by the pure scale and nature of human loss in this case,” he said.
A total of thirteen parties, including tour operators, have been accused of disaster. WML was the last to be sentenced after six found themselves guilty, while six were rejected.
The WML case was the most large actions filed by the New Zealand regulator, the Worksafe NZ, which said it acknowledges the Supreme Court’s decision and is considering appealing.
James Kerney, James’s lawyer, Andrew and Peter Boett – three brothers who own the company – said the family welcomed the decision, Radio New Zealand reported. He added that the pouts hoped that it would “bring security to all landowners who provide other accessible access to their land.”
The Ballt family owns the Whakaari Island/White since the 1930s, when their grandfather bought it and put it in family confidence. This is one of several private islands in New Zealand.
Previously, the brothers were tested in connection with the 2019 disaster as persons for the alleged violations of the health and safety legislation in the New Zealand workplace. These charges were rejected in 2023.