The High Court has overturned the conviction of the owners of White Island for failing to keep visitors safe during the deadly 2019 eruption which killed 22 people on eruption, and seriously injured 25 others.
The ruling means Whakaari Management is no longer liable for millions in fines and compensation.
The court found the company did not have control over safety measures on the volcanic island, shifting responsibility to government agencies and tour operators instead.
In 2023, Whakaari Management was found guilty in the Auckland District Court. The judge ordered the company to pay a fine of $1,045,000 and a reparation of $4,880,000 to the victims.
The main point of contention was whether the company, which charged a fee to allow tourism operators and scientists access to the island, was responsible for ensuring proper safety precautions were in place.
Justice Simon Moore decided that the company did not have a duty to ensure that the walking tour workplace had no risks to health and safety.
"The Court concluded that in enacting [the applicable health and safety laws], Parliament wanted to impose the ... duty on persons with the ability to 'actively' manage or control a workplace in a practical sense, as opposed to those who simply had some element of management or control through, for example, ownership," he said.
"In this case ... it [is] significant that the walking tour workplace was bare land. This meant that there was nothing for [Whakaari Management] to manage or control on the walking tour workplace, other than granting access in the first place."
The EMBOP also had legal obligations to identify, assess, and manage the hazards and risks associated with the island.
At the time of the eruption, all the relevant government agencies (including WorkSafe and the Ministry of Civil Defence) considered the Response Plan to provide adequate protection for the public.
Moore noted that even if the court had decided there was a legal obligation on Whakaari Management to ensure the tourists' safety, it had already fulfilled its legal obligations.