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Some families who lost loved ones in the Whakaari / White Island eruption have welcomed the news that charges have been filed for the tragedy.
However, one family believes that their loved one would have been “greatly disappointed” by the prosecutions.
WorkSafe NZ has filed criminal charges against 10 organizations and three individuals following the eruption that claimed 22 lives on December 9 last year.
The prosecutions now pit government agencies against each other, and last night a defiant GNS Science said, “We support our people and our science.” GNS, which monitors volcanic activity, had raised the alert level for White Island in the weeks leading up to the eruption.
WorkSafe CEO Phil Parkes said the charges concluded the most extensive and complex investigation he has ever conducted.
“This deeply tragic event was unexpected, but that doesn’t mean it was unpredictable,” he said.
The investigation did not include the rescue and recovery operation; attention was focused on the events that led to the eruption.
“The victims, both workers and visitors, had a reasonable expectation that they could go to the island knowing that the organizations involved had done everything they had to do to take care of their health and safety. But had they done it? That is the WorkSafe question. I had the mandate to investigate. “
While Parkes did not name the defendants, Prime Minister Jacinda Ardern said that two government agencies, GNS Science and the National Emergency Management Agency (Nema), were among the 10 organizations.
He said it was an independent decision made by WorkSafe.
His message to affected families was that all of Kiwis thoughts were with those who experienced loss or injury.
Mark Inman said the charges weren’t what his brother, tour guide Hayden Marshall-Inman, whose body was never found, would have liked. His employer, White Island Tours, is one of the accused companies.
“He would be hugely disappointed in the fact that potentially some of his friends have been charged. They all did the best they could and ran a professional team at Whakaari / White Island and if he found out he would be hugely disappointed.” “Inman told TVNZ.
But the charges have provided “some relief” for Meredith Dallow, whose twin, Gavin Dallow, died with his 15-year-old stepdaughter, Zoe Hosking. His wife, Lisa, 48, was seriously injured and suffered burns to almost 60 percent of her body.
“I’m not surprised that charges have been brought and, in fact, I’m happy to be honest,” Meredith said.
I was just guessing who had been charged at this stage, but the maximum fine of $ 1.5 million for each group was “better than nothing.”
“I’m glad the WorkSafe investigation went ahead and there is a result, but it doesn’t really close things down,” he said from Adelaide.
She believed the closure would not come until the court cases and coronary investigation were finished, but was grateful that the WorkSafe findings were released now rather than next week, around the anniversary of the eruption. “It gives us some relief, especially as we approach the 12-month anniversary.
The three individuals charged as directors or persons, who were required to exercise due diligence to ensure that the company meets its health and safety obligations, face maximum fines of $ 300,000.
Gavin’s father, Brian Dallow, says he can’t understand why the three people can only be fined $ 300,000; if they were so negligent with health and safety standards, a jail sentence would be appropriate.
Steve Milbank, whose 19-year-old son Jake Milbank will need treatment for the rest of his life after suffering burns to 80 percent of his body, said news of the charges didn’t reveal much.
WorkSafe did not identify the 13 parties, saying they needed the opportunity to appear before a judge to request the name suppression.
Milbank said it would be a long time before the details of why they were charged are known and the release of the report is only the first stage. “We won’t know anything for a while yet.”
Volcanic Air pilot and director Tim Barrow said the company was unsure of the nature of the charges it faced, but that once notified it would take time to seek legal advice.
White Island Tours faces two charges for violating the Occupational Safety and Health Act, but could not comment further on them as the legal process was ongoing.
Paul Quinn, president of Ngāti Awa Holdings, which owns White Island Tours, said the iwi expressed its sincere condolences to the families at the time of the eruption that lost their loved ones. “We continue to include them in our prayers. Similarly to the survivors, we continue to offer our love and support.”
An appointment is scheduled for December 15 at the Auckland District Court.
White Island is owned by the Buttle family, through Whakaari Management Limited and its three directors, James, Peter and Andrew Buttle. Their attorney confirmed last night that they had been charged, but had not yet received specific details.
Whakaari Management Limited granted licenses to operators who conducted tours of the island.