Read The Times Australia

Daily Bulletin

Whakaari/White Island court case will change the level of accepted risk in NZ's tourism industry

  • Written by: Freya Higgins-Desbiolles, Adjunct Senior Lecturer in Tourism Management/ Adjunct Associate Professor, University of South Australia

An Auckland court has found Whakaari Management Limited (WML) guilty of breaching workplace safety laws relating to the Whakaari/White Island eruption in 2019. This decision could have implications for anyone involved in adventure tourism in New Zealand.

When Whakaari erupted on December 9 2019 there were 47 people on the island. The eruption killed 22 of them and injured 25, some severely. The island was at alert level VAL 2 (moderate to heightened volcanic unrest) when it erupted.

As owner of the island, WML was charged with failing to adequately minimise the risks to tourists.

The court’s guilty verdict will likely result in significant changes to the NZ$26.5 billion tourism industry. So how did we get here and what is likely to change?

New Zealand’s most active volcano

The Buttle family has owned Whakaari since 1936. Brothers Peter, James and Andrew Buttle inherited the island in 2012 and own it through a family trust. The trust leased Whakaari to WML (with the Buttles as the company’s directors).

WML had licensing agreements with tour companies to run commercial walking tours.

Read more: Why were tourists allowed on White Island?

Of the 47 people on the island when it erupted, 38 were part of a tour organised through the Royal Caribbean cruise ship Ovation of the Seas. Questions quickly arose about how aware tourists were of the risks and who might be held responsible.

WorkSafe New Zealand originally charged 13 parties under the Health and Safety at Work Act. Six eventually pleaded guilty to the charges and six, including the three Buttle brothers, had their cases dismissed.

The case against WML

WML was charged with breaching two sections of the act. The company was found guilty of one charge while the other was dismissed.

A key question in the court case was what responsibility WML bore when it licensed others to run the tour operations on the island.

WML argued it was only a landowner and not responsible for tourists’ safety. The company also claimed it had no physical presence on Whakaari or involvement in day-to-day tourism operations.

However, Judge Evangelos Thomas did not accept WML’s “passive owner” argument. The judge pointed to several factors as evidence, including:

  • its business was to generate income through the enabling of commercial walking tours on Whakaari
  • it entered into the licence agreements and had termination rights for breaches
  • it maintained a direct and continuing relationship with tour operators
  • it engaged with tour operators and other relevant entities, including Geological and Nuclear Sciences (GNS), civil defence and various agencies interested and involved in increasing tourist numbers to Whakaari
  • it had occasional direct engagement with WorkSafe and GNS.

The judge also noted an earlier eruption in 2016 should have had all Whakaari stakeholders on notice for sound risk assessment. This eruption occurred when Whakaari was at VAL 1 (minor volcanic unrest). Fortunately it occurred at night when there were no visitors on the island.

Judge Thomas argued this showed the volcano

could erupt at any time and without warning, with the risk of death or serious injury to tourists or tour guides who may be there at that time.

WML should have engaged experts in volcanology and health and safety to advise on risks presented by tours to Whakaari, the judge found.

Sentencing will happen in February with a maximum possible penalty of a $NZ1.5 million fine.

Whakaari/White Island was at alert level VAL 2 (moderate to heightened volcanic unrest) when it erupted. Michael Schade/Getty

Adventure tourism rules have already changed

This tragedy has already impacted the adventure tourism sector of New Zealand.

In August, the workplace relations and safety minister announced government changes to the rules for adventure tourism operations. Minister Carmel Sepuloni said:

Adventure activity operators will now be required by law to communicate serious risks to customers, meaning prospective participants can be fully informed of risks before buying a ticket, in the time before the activity begins and throughout the activity, including if the risks change.

WorkSafe was also given expanded powers to suspend, cancel or refuse registrations for adventure operators who cannot provide activities safely.

Read more: Whakaari tragedy: court case highlights just how complex it is to forecast a volcanic eruption

It is clear more rigorous risk assessments are required in New Zealand’s tourism industry. Responsibility for safety will no longer fall on tour operators alone.

All facets of the tourism supply chain, from land owners to tour operators to transport providers, will need to fulfil certain responsibilities to ensure the safety of their customers and workers. This will include careful consideration of the definition of “serious risk” and the many possible sources of risk.

Agencies such as the Meteorological Service and GNS will need to update adventure tour operators on a day-to-day basis. Natural hazards and risks such as extreme weather events, as well as volcanic and seismic risks, will need to be understood, factored into the planning of tour operations, and clearly communicated.

Reducing the risk in adventure tourism

Risk is an exciting attraction of adventure experiences for tourists in New Zealand. But public perception of risk is not the same as actual risk.

Some adventure tourism businesses offer experiences, such as bungy jumping, based on high perceived risk. But in reality these are low risk due to long-standing safety protocols.

Others, such as tours to geologically active locations, offer low perceived risk but there is the potential for periodic and unpredictable high actual risk.

Operators providing such experiences will now be obligated to shoulder greater responsibilities in ensuring such risks do not cause real harm.

All aspects of risk associated with the full spectrum of tourism businesses and tour operations, including but not limited to adventure tourism activities, will now need to be considered more carefully in Aotearoa New Zealand.

Authors: Freya Higgins-Desbiolles, Adjunct Senior Lecturer in Tourism Management/ Adjunct Associate Professor, University of South Australia

Read more https://theconversation.com/whakaari-white-island-court-case-will-change-the-level-of-accepted-risk-in-nzs-tourism-industry-216817

Business News

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

What Healthcare Teams Look for When Choosing Specialist Surgical Supplies

In clinical environments, small details rarely stay small. A delayed instrument, a poorly matched device or inconsistent supply quality can affect theatre flow, staff confidence and patient outcomes. ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...