A judge will decide whether the owners of the New Zealand volcano that killed 22 people were unfairly convicted.

WELLINGTON, New Zealand (AP) – A New Zealand judge is set to decide whether the owners of the volcano on the island suffered a legal defeat when their company was convicted of failing to keep visitors safe following the 2019 eruption that killed 22 tourists and local guides.

The three-day appeal by the owners’ company ended on Thursday. Justice Simon Moore told the High Court in Auckland he would make a decision before the end of the year.

Whakaari Management – run by three brothers who own the active Whakaari volcano, also known as White Island – was ordered in March to pay multimillion-dollar fines and restitution to victims of the eruption, mainly passengers on cruises in the US and Australia. ship passengers on a walking tour.

The company’s lawyers filed a motion appeal against a conviction same month.

The battle over the responsibilities of landowners

The case hinges on whether Whakaari Management, which provided access to the volcano for tourists and research groups by charging permit fees, should have been responsible for safety at the volcano under New Zealand health and safety regulations.

Anyone responsible for the workplace must ensure that hazards are managed and the safety of all persons, including entry and exit points.

A lawyer for New Zealand’s workplace regulator, which brought the prosecution in the 2023 trial, told the court on Thursday that Whakaari Management’s entire business was providing access to an uncontrolled natural hazard and that it should have commissioned its own risk assessment of whether tourists should be allowed there at all.

Prosecutor Kirsty McDonald agreed with the trial judge, saying the company “has a duty to ensure, so far as is reasonably practicable, that the workplace to which it provides access does not create a risk to the health and safety of any person.”

But the company’s lawyers told the court this week that it was acting as the owner, not manager, of the facility. Rachael Reed said the company did not organize, direct or supervise the tours and that on-site safety was the responsibility of the operators.

A case with far-reaching consequences

The case has far-reaching implications and has already changed the laws governing New Zealand’s adventure tourism industry, which often relies on the outdoor thrills of many natural hazards in or near the country. Operators must now take all reasonable steps to inform customers of any serious risks.

Lawyers for the company said that if the conviction stood, it would make other landowners reluctant to allow such activities on their properties – a suggestion rejected by the regulator.

Horror at a popular tourist spot

White Island, the tip of the undersea volcano also known by its Maori name Whakaari, was a popular tourist destination before the eruption and could be reached by boat or helicopter from the Bay of Plenty on the North Island.

In December 2019, 47 tourists and guides were on the island when overheated steam blew, killing some instantly and others with painful burns.

Survivors testified to this in emotional testimony at the trial they were not told that an active volcano was dangerous when they paid for his visit. They were not provided with protective equipment, and many were wearing clothes that made their terrible burns more damaging.

In his ruling, Justice Evangelos Thomas said the Whakaari board had failed to carry out a risk assessment despite knowing about the eruption three years earlier. He said the company should have sought expert advice about the risks and either stopped the tours altogether or introduced controls.

More than a dozen parties were charged

New Zealand’s workplace safety regulator has brought charges against 13 organizations and individuals, including Whakaari’s management.

Some pleaded guilty, including three helicopter tour companies, one boat tour operator, a sightseeing flight operator and New Zealand’s science agency GNS Science. Charges against the others were dropped.

Judge Moore was under no obligation to publish his findings immediately after the conclusion of appeal hearings on Thursday and did not specify a specific date for his decision.