The company that owns Whakaari/White Island has filed a notice of appeal in the Auckland High Court.
The lawyer for Whakaari Management Ltd, James Cairney, has confirmed to 1News that the business is appealing its single conviction on a health and safety charge.
After a lengthy Worksafe hearing, the company — in which brothers Andrew, James, and Peter Buttle are shareholders — was fined $1.045 million and ordered to pay reparations to the victims of $4.88 million.
It's not yet known when the appeal will be heard.
The 2019 eruption on the popular tourist destination killed 22 people and injured 25 others.
On March 1, six parties were sentenced 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."
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