View of Whakaari / White Island from a monitoring flight on 31 August, 2022. Photo: GNS
The trial over alleged health and safety failings in the lead-up to the 2019 eruption of Whakaari/White Island has ended.
The company managing the volcano gave its closing arguments at the Auckland District Court on Thursday. Twenty-two people died as a result of the 2019 eruption.
The trial started in July.
WorkSafe's case was that the island's owners, through the company Whakaari Management (WML), put profits ahead of safety.
The company's defence lawyer, James Cairney, told the court it had no presence on the volcanic island. Cairney said WML had no direction over what activity was conducted by tour groups.
"On any particular day, White Island Tours would decide to take tours to the island. WML had no ability to control or influence the day-to-day operations of the tour operators, and no ability to even stop tours on any given day."
He said it was a landowner, and nothing more.
WML, he argued, granted specific licences to tour groups - like White Island Tours, which was responsible for its own activity on the island.
He was critical of WorkSafe's case against WML, saying it had not proven WML had management or control of activities on the island.
Cairney said WorkSafe needed to prove WML had active control of the workplace, in a practical sense. He said WorkSafe had done no more than prove things WML already accepted.
The island's owners - Andrew, Peter and James Buttle - had charges against them dismissed, but their company, Whakaari Management Limited (WML), still faced charges.
Cairney said attacks against the Buttles themselves during the trial, with regard to WML's revenue, were unwarranted.
WorkSafe's prosecutor, Kristy McDonald QC (file photo). Photo: Pool / Mark Mitchell/NZ Herald
"There's absolutely nothing wrong with making money from assets and making money from the commercial activities of others using your land. They shouldn't be made to hide away, or to somehow be ashamed of the commercial operations."
Cairney told Judge Evangelos Thomas it was important to focus on the charge faced by WML.
"Was what happened on the day horrific? Yes, yes it was," he said. "But that's not the charge."
WorkSafe prosecutor Kristy McDonald QC was given the opportunity for a brief reply after Cairney finished his statement. She said Cairney had been inaccurate in a number of respects when it came to representing the evidence before the court.
Judge Evangelos Thomas. Photo: RNZ / Nick Monro
"My friend has created an impression, and certainly made a submission to you, that the issue of societal risk was something that emerged only at the trial," she said. "That is not correct."
Concluding the trial, Judge Thomas thanked both sides for their work on the case.
"Submissions have been well thought-out and extremely helpful. There's a lot of work for me to now do."
Thomas said it was "quite something" the trial was conducted the way that it was.
"We've discussed and raised a lot of very difficult issues that haven't been raised and discussed in a New Zealand context before, all against the backdrop of a horrible tragedy."
Thomas was expected to deliver his decision on the case at the end of next month.
