White Island,the tip of an undersea volcano also known by its Indigenous Māori name Whakaari,was a popular tourist destination before the eruption. There were 47 tourists and tour guides on the island when superheated steam erupted on December 9,2019,killing some people instantly and leaving survivors with agonising burns. Fourteen Australians were among those killed.
“There is no way to measure the emotional harm survivors and affected families have endured and will continue to endure,” Judge Evangelos Thomas said during the sentencing in a Wellington court on Friday. “Reparation in a case like this can be no more than token recognition of that harm.”
“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.”
Previously,a three-month,judge-only trial against 13 groups had seen six plead guilty andsix others having charges against them dismissed. The charges were brought by regulators and carried fines as a maximum penalty.
The final remaining defendant in the trial was Whakaari Management Ltd. which was found guilty on one charge in October last year.
At Friday’s sentencing hearing,Thomas was particularly scathing towards the shareholders of WML,the holding company for the island’s owners:Andrew,James and Peter Buttle,who he said had “appeared to have profited handsomely” from tours to the island,despite the company claiming no assets or a bank account to hold funds.