The government of New Zealand has announced that tour operators and managers of an island where a volcanic eruption claimed the lives of 22 people in 2019 have been instructed to pay a sum of approximately $13 million (equivalent to US$7.8 million) in penalties and restitution.

Last year, a three-month trial concluded that a boat tour operator and three companies offering helicopter tours, which are owned by the island’s holding company, were guilty of violating safety regulations.

Whakaari, the Indigenous Māori named undersea volcano commonly referred to as White Island, was a well-liked spot for visitors before the eruption. On December 9, 2019, an explosion of highly heated steam occurred on the island, resulting in the immediate death of some individuals and leaving others with severe burns.

Judge Evangelos Thomas stated during the sentencing in an Auckland court that it is impossible to quantify the emotional damage that survivors and families have experienced and will continue to face. He also mentioned that in a case such as this, any form of compensation can only serve as a symbolic acknowledgment of the harm caused.

“No review of prevailing reparation levels conducted by any other court contemplates emotional harm of the scale and nature that is present in this case. Greater awards are appropriate.”

Earlier, 13 organizations faced a three-month trial where six of them pleaded guilty and six had their charges dropped. The regulators had pressed charges, which could have led to hefty fines.

Whakaari Management Ltd. was the only defendant left in the trial and was determined to be guilty of one charge in October of last year.

During the sentencing hearing on Friday, Thomas expressed strong criticism towards WML shareholders, namely Andrew, James, and Peter Buttle. He accused them of potentially making substantial profits from tours to the island, despite the company’s claim of having no assets or bank account to store the funds.

Although he accepted that he could not issue commands to the individual owners, he stated that the decision did not excuse WML from paying the $636,000 fine or its portion of the reparations totaling $2.97 million for the victims and their families.

“I regret to say that this particular case highlights the ease with which corporate systems can impede proper measures for addressing safety violations,” stated Judge Thomas. “While there may be no financial motivation for doing so, it could be argued that there is a fundamental ethical responsibility to do so.”

“We are anticipating the actions of the Buttles. The entire globe is keeping an eye out.”

The court has prohibited the disclosure of the exact compensation given to victims and the families of deceased individuals.

The final defendant, GNS Science from New Zealand, a government organization responsible for monitoring volcanic activity, received a penalty of $33,000 for not having established procedures for sharing risk assessments with their contracted helicopter pilots. There were no GNS staff members present on the island during the eruption and the agency was not required to make any payments.

Source: wral.com