NZ judge tosses charges filed against White Island volcano owners

Sept. 5 (UPI) -- A New Zealand judge on Tuesday dismissed safety-related charges laid against three brothers who own Whakaari White Island where 22 people were killed in a volcanic eruption in 2019.

In an Auckland district court on Tuesday, Judge Evangelos Thomas threw out the charges against James, Andrew and Peter Buttle, citing a lack of evidence, though the trial against their company, Whakaari Management Limited, will continue.

"There is no evidence in this case as to what happened behind the boardroom door at WML," Thomas said. "Without that evidence I cannot assess what a reasonable director would have done."

WorkSafe NZ filed the charges against the brothers and 10 organizations in November 2020, stating the investigation was the most extensive and complex it has ever undertaken.

The charges were filed in connection to the Dec. 9, 2019, volcanic eruption of White Island. Forty-seven people were on the island when it exploded, sparking a rescue and recovery operation. Twenty-two people were killed. WorkSafe NZ accused the brothers of failing to exercise due diligence to ensure their company was meeting its health and safety obligations.

The Buttles' defense had filed three applications to have the charges dismissed, with the most recent filing having occurred on Thursday, which said WorkSafe NZ's case had two "glaring" faults, with the first being the government agency treated the trio as a single group and the second that it considered any violation by WML to be a violation committed by the individual brothers.

Thomas agreed on Tuesday and told the court that if WML had a single director it would be straightforward to blame them for any failures. The board of directors can be charged with the failures of WML but not the individual directors without knowing who was responsible for what decisions, he said.

"When it comes to looking at individual due diligence, I would have to ask questions such as, did they as a board agree that all three of them should have the responsibility for looking into whether and what expert advice WML should take?" he said.

Thomas then added that WorkSafe NZ could have acquired information to indicated responsibility, saying they received board management minutes in relation to the charges they filed against White Island Tours.

"These are critical documents," he said. "This is critical information. Without it, I cannot make an assessment of the minimum necessary circumstances. Without that, I cannot judge what a reasonable officer would then have done. Nor can I infer here that the Buttles must have done."

A total of six companies charged by WorkSafe with health and safety failings in connection to the volcanic eruption have pleaded guilty, including three helicopter tour operators most recently in early July.