WorkSafe reveals charges in Whakaari / White Island tragedy

WorkSafe New Zealand has revealed details related to its investigation into the Whakaari / White Island eruption disaster.

The charges relate to the tragedy that claimed 22 lives in last December’s eruption.

WorkSafe CEO Phil Parkes confirmed charges have been brought against 13 parties in connection with the eruption.

Under New Zealand law, Parkes said he cannot name the parties against whom the charges have been brought because they can request to have the name removed.

He said the charges conclude the most extensive and complex investigation ever conducted by WorkSafe.

The eruption was “unexpected” but not “unpredictable,” Parkes said.

He said his team has brought charges against 10 organizations and three individuals.

Of the 13 defendants, 10 will face charges under the Occupational Health and Safety Act and three directors or individuals will face charges related to the exercise of due diligence to ensure the company meets its health and safety obligations. These have maximum fines of $ 1.5 million and $ 300,000 respectively.

The hearing date is scheduled for December 15 at the Auckland District Court.

Parkes said he could not elaborate on the charges because they are now in court.

Parkes said the WorkSafe investigation did not include the rescue and recovery operation.

At the peak 28 people were working on the investigation. The focus of the investigation was on the events that led to the eruption, he said.

He declined to comment on whether it was appropriate to bring visitors to the island.

Parkes said the question of whether tourists should have been allowed on the island is a matter to be discussed in court.

Steve Milbank, the father of one of the two Kiwi survivors of the Whakaari / White Island disaster, said the report didn’t tell them much.

He said he did not reveal who the 13 accused parties were, as the report stated that they needed the opportunity to appear before a judge to request the name suppression.

He said it would be a long time before the details of why they were charged were known and the release of the report was only the first stage.

“We won’t know anything for a while yet.”

Milbank’s son, Jake, was a guide and was only 19 years old at the time of the tragedy. He suffered horrific burns to 80 percent of his body and will need treatment for the rest of his life.

WorkSafe had one year from the incident to press charges.

Nineteen tourists and two tour guides from White Island Tours were among the dead after the volcanic island erupted during a sightseeing tour.

At that time there were forty-seven people on the island.

Many more would have died were it not for the heroic actions of tour guides, fellow tourists, helicopter pilots, and the work of specialized medical teams.

Tourists have not returned to the island since.

WorkSafe confirmed the day after the tragedy that it had launched its own investigation.

In a statement at the time, the department said: “WorkSafe New Zealand has opened a health and safety investigation into the damage and loss of life caused by the eruption.”

Under the law, WorkSafe can take legal action for violations of health and safety regulations. Fines and penalties range from $ 50,000 to $ 3 million and jail terms of up to five years.

WorkSafe had overall oversight of tourism operations on the volcanic island off the Bay of Plenty coast.

Under regulations introduced in 2016, it required companies such as White Island Tours and the large number of helicopter companies offering tours of the island to undergo safety audits.

But he could not dictate access to the island as it was privately owned.

Numerous attorneys in Australia and the United States have been hired by Whakaari / White Island survivors and family and friends of some of the people who died.

Sydney-based attorney Rita Yousef confirmed to the Weekend Herald that she had two confirmed clients and was also approached by others affected by the tragedy, including some still receiving hospital care, who want to sue Royal Caribbean Group.

Most of the people killed or injured in the December 9, 2019, eruption were on a New Zealand sightseeing trip on the company’s Ovation of the Seas ship. Royal Caribbean Group is the second largest cruise operator in the world.

Yousef, who specializes in travel law and public liability for Stacks Goudkamp, ​​said the actions he was considering were definitely not the only ones that would seek financial compensation for the tragedy.

“I have heard that there are other law firms that are also dealing with these cases. They are Australians and Americans. [companies] until now, “Yousef said from Sydney.

Yousef said the claims he was working on were restricted to Royal Caribbean Group.

That was because those who participated in the fateful trip to White Island were understood to have purchased their tickets directly from the cruise line, and not from Whakatāne-White Island Tours.

The crux of your legal case will be in the level of warnings that passengers received from the ship’s crew before signing up for the tour.