An expert monitoring group met on the day of the fatal Whakaari/White Island eruption in 2019 to vote on the island's volcanic alert level.
Court documents show that scientists from the Institute of Geological and Nuclear Sciences (GNS) voted on December 9, 2019, the day of the disaster, to keep the island's volcanic alert level at two. It had been lifted from one to two on November 18 that year.
Level two means "moderate to heightened volcanic unrest", and the most likely hazards include "potential for eruption".
Five is the highest possible volcanic alert level and zero is the lowest.
After the meeting, a draft volcanic alert bulletin had been prepared but not sent when the volcano erupted at 2.11pm, killing 22 people.
The documents also reveal that at the time of the eruption, due to the risk, GNS staff had to stay further than 520m from the volcano's vent unless they had specific permission from the institute's Volcano Science Adviser to get closer.
In the minutes before the blast, tour groups could be seen on the GeoNet webcam near the edge of the crater.
GNS ordinarily holds weekly meetings to review data about volcanoes it is monitoring, but out of cycle meetings can be called by any member of the monitoring group if "significant change" is observed, the documents add.
'GNS was aware of increasing volcanic activity'
The revelation is included in the summary of facts from the legal case brought by WorkSafe against GNS in the wake of the eruption.
The court documents related to the case note that "the unpredictable nature of Whakaari is evidenced by the history of volcanic activity on the island", and "although an eruption may have been unexpected, it was not unforeseeable".
They note an overnight eruption in April 2016 "of similar magnitude" to the fatal 2019 eruption.
Had there been anyone on the island for the April 2016 eruption, "it is likely they would have suffered a similar fate" to the victims of the 2019 blast, the court documents conclude.
The court's findings
GNS pleaded guilty in May this year to health and safety failures in the lead-up to the disaster, from April 4 2016 up to and including December 4 2019, the day of the last GNS trip to the island before the fatal eruption.
Specifically, the institute was found to have failed to comply with its duty to contracted helicopter pilots.
The pilots flew GNS workers to the island, and GNS "did not sufficiently consult, cooperate and coordinate" with them regarding the risks.
GNS is yet to be sentenced. They face a maximum penalty of a fine not exceeding $500,000.
'GNS Science extends its ongoing sympathy'
In a statement acknowledging its plea, GNS stressed the charge "is unrelated to the tragic events which occurred on 9 December 2019".
"In pleading guilty to this reduced charge, GNS is acknowledging that there should have been a more structured exchange of information with the helicopter operators about the risk presented by travel to and from Whakaari on GNS staff trips," the statement read.
The institute had originally faced two charges, but one was dismissed.
"Importantly, the reduced charge does not allege the helicopter pilots were exposed to a risk of death or serious injury as a result of this breach," the statement added.
"Whilst we are unable to make any further comment while this remains an active legal matter, GNS Science extends its ongoing sympathy to the families of the victims."
The other parties and the trial
In November 2020, shortly before the first anniversary of the eruption, WorkSafe laid charges against 13 parties including GNS.
Those charges were for alleged failures to meet obligations under the Health and Safety at Work Act 2015 in the lead-up to the eruption.
None of the charges relate to events during or after the event.
NEMA had its charges dismissed in March, and was awarded costs of $40,000.
Inflite Charters, which promoted and sold subcontracted tours to Whakaari, pleaded guilty in March this year and was ordered to pay $267,500 for failing to ensure the health and safety of tourists, even though it had no customers on Whakaari when it erupted.
White Island Tours pleaded guilty last month, and will not go to trial either.
It's yet to be sentenced and faces a maximum penalty of a fine not exceeding $1.5 million for each of its two charges.
The remaining nine defendants will go on trial on July 10.
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