The owners of a New Zealand volcano that erupted in 2019 and killed 22 people are appealing the verdict

WELLINGTON, New Zealand – The owners of an island volcano in New Zealand that erupted in 2019 and killed 22 people filed an appeal on Tuesday against their criminal record for violating security lawsarguing that tour operators, not their companies, are responsible for the safety of visitors to Whakaari, also known as the White Island.

Whakaari Management, a company owned by brothers Andrew, Peter and James Battle, was found guilty in October last year of charges brought by New Zealand’s workplace safety regulator for failing to protect visitors to the island. Millions of dollars in fines and compensation were ordered to be paid to the volcanic eruption victims, who were tourists from the cruise ship, and their local tour guides.

The company filed an appeal in March. Defense lawyer Rachel Reid told the Auckland High Court on Tuesday that the trial judge erred when he ruled the volcano’s owners were managers or supervisors of the workplace under the law – and therefore responsible for mitigating risks to the health and safety of everyone present.

According to Reed, the company only provided access to the volcano and expected tour operators to ensure the safety of tourists.

“Like any landowner, he was able and granted the right to access land through licenses. That’s exactly what it did,” she told the court, referring to the company. “It didn’t do tours. It did not direct or control the tours.”

White Island, the summit of an underwater volcano also known by its Maori name Whakaari, was a popular tourist destination before the eruption. When the superheated steam blew, there were 47 tourists and guides on the island, mostly from the United States and Australia. killing some people instantly and leaving others with painful burns.

The disaster has focused attention on the natural disasters around which much of New Zealand’s adventure tourism industry operates and prompted tougher laws for tourism companies after eruption survivors said they were not told that the active volcano was dangerous before a guided walk to the crater.

After a three-month trial last year, a judge found the company guilty of health and safety violations in the period before the eruption. In his ruling, Judge Evangelos Thomas said Whakaari Management failed to carry out a risk assessment despite knowing about the eruption three years ago.

Judge Thomas said the company should have sought expert advice about the dangers and either stopped the tours entirely or introduced controls. He dismissed the second charge against the company.

Charges have been laid by New Zealand’s workplace safety regulator against 13 organizations and individuals, including the owner company. Several have pleaded guilty, including three companies that operated helicopter tours, one that operated boat tours, a scenic flight operator and New Zealand science agency GNS Science. Charges against the others were dropped.

During the three-day appeal this week, Judge Simon Moore is expected to hear further arguments from Whakaari Management’s lawyers before arguments from the regulator. Moore told the court that any error found by the trial judge must rise to the level of a miscarriage of justice for the appeal to succeed.