The owners of the New Zealand volcano, where 22 people were killed in an eruption, are appealing their conviction.

In 2019, a tragic volcanic eruption on an island in New Zealand claimed the lives of 22 people, including 17 Australians. The owners of the island, known as Whakaari or White Island, have recently appealed their criminal conviction for violating safety laws. They argue that the responsibility for the safety of visitors to Whakaari lies with tour operators, rather than their company.

Whakaari Management, a company owned by brothers Andrew, Peter, and James Buttle, was found guilty last October of failing to protect visitors to the island. As a result, they were ordered to pay millions of dollars in fines and restitutions to the victims of the eruption, who were tourists from a cruise ship and their local guides. However, in March, the company filed an appeal, and on Tuesday, their lawyer Rachael Reed argued in the High Court in Auckland that the trial judge had made an error in ruling that the owners were responsible for mitigating health and safety risks.

Reed explained that the company, like any landowner, had simply granted access to the island through licenses and did not directly run or supervise the tours. She emphasized that the company did not have the expertise or control over the tours and should not be held accountable for the safety of visitors. Whakaari, which is the tip of an undersea volcano, was a popular tourist destination before the eruption, drawing attention to the natural hazards of New Zealand's adventure tourism industry.

The disaster also resulted in tighter laws for tour companies, as survivors of the eruption revealed that they were not informed of the dangers of the active volcano before their guided walk to the crater. After a three-month trial, the judge found Whakaari Management guilty of health and safety failings and stated that they should have sought expert advice and taken necessary precautions. However, he dismissed a second charge against the company.

The charges were brought by New Zealand's workplace safety regulator against 13 organizations and individuals, including the owners' company. Some pleaded guilty, while charges against others were dropped. In the current appeal, the court is expected to hear further submissions from lawyers for Whakaari Management, followed by arguments from the regulator. Justice Simon Moore reminded the court that for the appeal to be successful, any error found by the trial judge must rise to the level of a miscarriage of justice.

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