Prosecutor Kristy McDonald (center right) addresses a court in Auckland, New Zealand, on July 11, 2023, on the first day of a trial after a volcano eruption at a popular tourist island destination killed 22 people in December 2019. (PHOTO / AP)
WELLINGTON – Tour booking agents and the managers of an island in New Zealand where a volcanic eruption killed 22 people, mostly tourists, in 2019 failed to properly prepare and warn visitors of the risks, prosecutors said at the start of a criminal trial on Tuesday.
The five parties facing court on Tuesday, who have pleaded not guilty, include the company that manages the island, the three directors of the management company and two companies that operated booking agents for the tours
Most of the victims were tourists from countries including Australia, the US and Malaysia. There were 47 people on the island when the volcano erupted, many of whom were badly burnt by searing gas and ash.
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The workplace regulator charged 13 parties in November 2020 but six of them, including the helicopter and boat tour operators, have pleaded guilty. Charges against the National Emergency Management Agency were dismissed.
The five parties facing court on Tuesday, who have pleaded not guilty, include the company that manages the island, the three directors of the management company and two companies that operated booking agents for the tours.
Worksafe prosecutor Kristy McDonald said the government would show that leaders of the company managing the island did not do due diligence on the potential dangers for visitors, while the booking agents did not provide adequate information on the risks.
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“The volcano is highly unpredictable. It could erupt at any time without warning,” McDonald told the court.
“No one is suggesting that the timing of this eruption could have been predicted … but it was foreseeable that it may erupt at some point.”
The previous significant eruption at White Island, which is also known by the Maori name of Whakaari and lies around 50 km offshore from the town of Whakatane on the east coast of North Island, was in 2016.
Tourists are no longer able to visit the island.
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Defense lawyers said their clients were not responsible for the health and safety of those on the island as that was the responsibility of others.
The judge-only trial is scheduled to take 16 weeks with a number of victims from the eruption due to provide evidence.