A judge has come down hard on the business that owns Whakaari/White Island, the location of a deadly eruption in 2019 which saw 22 people lose their lives.
It comes as six parties were sentenced today in the Auckland District Court over health and safety failings in the lead up to the eruption.
Judge Evangelos Thomas said: "[Whakaari Management Limited]'s shareholders at all material times were Andrew, James, and Peter Buttle. WML had no apparent overheads. The Buttles therefore appear to have profited handsomely from tours to Whakaari."
Although the company has no money to pay fines or reparation, Judge Thomas did not hold back, referring to its moral obligation.
"There is nothing to stop the Buttles, as WML's shareholders, from advancing the necessary funds to cover that obligation. There may be no commercial basis for doing so, but many would argue there is an inescapable moral one."
Today Whakaari Management Limited and five other parties were sentenced for health and safety failures leading up to the deadly 2019 eruption. (Source: 1News)
The fine handed down to WML was $1.045 million and the business was ordered to pay reparations to the victims of $4.88 million.
The island's owners — the Buttles — have attended some of the trial but were not in court today.
Judge Thomas compared the Buttle brothers to the pilots who returned to rescue victims. "Some defendants responded to the tragedy with a preparedness to put their lives at risk to help others. We wait to see what the Buttles will do. The world is watching."
WML trustees have no legal obligation to pay the fine. The judge said: "This case, like many others, sadly reveals how simply corporate structures can be used to thwart meaningful responses to safety breaches. I cannot make orders against shareholders, only WML."
Helicopter pilots acknowledged
The helicopter pilots who returned to rescue victims were also acknowledged by Judge Thomas. "We often say what a person did next is important. Several representatives of some of the defendants responded to the disaster by selflessly flying to Whakaari and placing their own lives at immediate risk to help. Their actions are likely to have saved lives and are a moving reflection of the quality of their character."
Mark Law who owns Kahu, was one of the pilots who returned and the business was given a discount of 25% because of that.
"They have been separately recognised for their bravery, but it is appropriate that there is some recognition of their response in the fine."
Kahu's fine was $196,000.
Law said he was extremely appreciative of the discount. The rescue efforts have not been part of the case, which only looked at the time frame prior to the eruption.
"Even though that part wasn't investigated, it was the spirit of, and a snapshot of who we are and what we did after.
"It was good enough to be recognised by the judge and others and I'm just thankful for that."
Helicopter company Aerius was fined $290,000.
Volcanic Air Safaris will have to pay $506,000, plus reparations of $330,000 to the four tourists and pilot who were on the island as it erupted.
Aerius and Kahu Limited had no staff or tourists on the volcano at the time of the eruption.
White Island Tours
White Island Tours was the biggest player in volcanic tourism to the island. It had 38 tourists and four workers in the crater when it erupted. Many died, the rest suffered horrific burns.
The judge described their suffering in his opening comments: "I have heard from many survivors and families grieving the loss of loved ones. Very few managed to escape the eruption with very serious injuries. For the remainder the suffering has been immense. Those who survived suffered excruciating and traumatic injuries, usually burns, the treatment was often painful, arduous, disheartening. For many it remains ongoing. Many have endured multiple surgeries and will continue to do so.
The family of Tipene Maangi has spoken of their loss and grief at his death in the Whakaari eruption. (Source: 1News)
"Many people grappled with disfigurement of one kind or another. It is not simply the physical injury that has caused so much harm. It is the terrible nature of those injuries and the emotional consequences that deepens the suffering and deepens the grief of those who also lost loved ones."
White Island Tours has $5 million available through an insurance policy and was ordered by the court to pay that in reparation. It was also fined $517,000.
GNS
GNS Science pleaded guilty for failing to communicate volcanic risk to the helicopter pilots it hired to fly staff to the volcano for fieldwork. It was sentenced at a separate hearing to a $54,000 fine.
The risk
Judge Thomas started sentencing by summarising the eruption: "It engulfed everyone on the island with tragic consequences. Twenty-two lost their lives, the remaining 25 were all injured, most seriously."
He went on to dissect the cases of each defendant and criticised their risk assessment processes. "Each defendant used an active volcano to make money. Whakaari is highly eruptive and has been for decades. Previous eruptions have resulted in fatalities. Eruptions are impossible to predict."
In relation to WML, he said: "WML did not appreciate it had a duty in relation to risk assessment. It therefore did not conduct any risk assessment. It argues it is therefore less culpable than if it had been aware of the duty and then deliberately ignored it."
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