NEMA awarded $40k after Whakaari/White Island charges dismissed

March 29, 2023
22 people died following the Whakaari White Island volcano eruption on 9 December 2019.

The National Emergency Management Agency has been awarded $40,000 after its charges relating to Whakaari/White Island were dismissed.

NEMA was originally charged by WorkSafe for failing to adequately communicate risks posed to the public from volcanic activity at Whakaari.

Twenty-two people were killed and 25 others were injured when Whakaari erupted on December 9, 2019.

Judge Evangelos Thomas opened today's hearing by acknowledging the "human side" of proceedings and the respect and honour granted to those, and the communities, who suffered from the tragedy.

Judge Thomas said NEMA never deviated from its position before and after it was charged.

"NEMA applied to the court to dismiss the charge it faced," he said.

"On 4th May 2022, I dismissed the charge."

Judge Thomas told the court NEMA incurred significant costs which have been met by its insurer.

"WorkSafe takes what I consider a responsible attitude to this application; it does not argue with any of the background."

He said WorkSafe accepts the decision that it did not have the grounds to charge NEMA, and it should be awarded some costs.

"WorkSafe accepts that there needs to be an award of costs, in excess of scale, it does not oppose costs of $40,000, it opposes anything beyond that," he said.

The trial for the remaining organisations and individuals will begin in July and is expected to last four months.

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