Whakaari White Island eruption: negligence charges dropped against two tourism agencies

Two of six defendants successfully applied on Tuesday to have charges over alleged workplace health and safety breaches dropped

A judge has dismissed charges against two of the three tourism agencies accused of negligence in the lead-up to the New Zealand volcanic eruption that killed 14 Australians.

Three tourism businesses and the three owners of Whakaari, also known as White Island, had originally gone on trial in July over alleged workplace health and safety breaches.

The volcano, located on the island off New Zealand’s north coast, erupted on 9 December 2019, killing 22 tourists and tour guides.

Clouds of boiling steam and ash also left 25 people injured, with many of those suffering extensive and severe burns.

On Tuesday, two of the six original defendants, ID Tours New Zealand and Tauranga Tourism Services, successfully applied in Auckland District court to dismiss charges against them.

Both operators were accused of not co-operating with the other companies in the supply chain to obtain safety information and ensure it reached cruise ship passengers.

Judge Evangelos Thomas said the tourism agencies named multiple grounds for the motions to dismiss charges and the common element to both was whether they had a duty of care to customers of other companies.

“Neither TT nor ID Tours had workers on Whakaari, it was never their workplace, they did not influence or direct tour operators in the carrying out of their work,” Judge Thomas said.

WorkSafe NZ prosecutors had opposed the motions to dismiss charges.

“WorkSafe alleges that both ID Tours and Tauranga Tourism breached a duty to tourists visiting Whakaari under the Health and Safety at Work Act,” Judge Thomas said.