Charges laid after eruption

White Island shortly after the eruption. Photo: White Island Flights
White Island shortly after the eruption. Photo: White Island Flights
Thirteen parties have been charged in relation to the White Island eruption — news that has come as "some relief" to a family that lost two loved ones in the tragedy.

However, another family believe a member of their family who died would have been “hugely disappointed” by the charges.

Phil Parkes.
Phil Parkes.

WorkSafe NZ has laid criminal charges against 10 organisations and three individuals following the eruption, which claimed 22 lives last December.

GNS, one of two government departments to be prosecuted, was still waiting to find out the nature of the charges but last night said it stood by its people and its science.

WorkSafe chief executive Phil Parkes said the charges concluded the most extensive and complex investigation undertaken by the organisation.

"This deeply tragic event was unexpected, but that does not mean it was unforeseeable."

The investigation did not include the rescue and recovery operation — the focus was on the events leading up to the eruption.

"The victims — both workers and visitors — all had a reasonable expectation that they could go to the island knowing that those organisations involved had done all they were required to do to look after their health and safety. But had they? That’s the question WorkSafe was mandated to investigate.”

While Mr Parkes would not release the names of those charged, Prime Minister Jacinda Ardern confirmed both GNS Science and the National Emergency Management Agency (Nema) were among the 10 organisations.

She said it was an independent decision taken by WorkSafe.

"We need this to be an independent process."

Her message to the families affected was that all New Zealanders’ thoughts were with those who experienced loss or injury.

"There is no easy process from here," she said.

Mark Inman told TVNZ the charges were not what his brother, tour guide Hayden Marshall-Inman, whose body was never found, would have wanted. His employer, White Island Tours, is one of the companies that has been charged.

"He would be hugely disappointed in the fact that potentially some of his friends have been charged. They all did the best of their ability and ran a professional outfit at Whakaari/White Island and for him to find that out he would be hugely disappointed," Mr Inman said.

However, the charges had provided "some relief" to Meredith Dallow, whose twin brother Gavin Dallow died alongside his 15-year-old stepdaughter Zoe Hosking.

Mr Dallow’s wife, Lisa (48), was critically injured, suffering burns to almost 60% of her body.

"I’m not surprised that there have been charges laid and I’m actually quite pleased, to be honest," Meredith Dallow said.

She was only guessing who had been charged at this stage, but the maximum fine of $1.5million for each organisation was "better than nothing".

"I’m glad the WorkSafe investigation went ahead and there is an outcome, but it doesn’t really put closure to things," Meredith Dallow said from Adelaide.

She believed closure would not come until the court cases and coronial inquest were over, but she was thankful the WorkSafe findings were released now rather than next week, around the anniversary of the eruption.

"It does give us some relief, especially as we come close to the 12-month anniversary.

"It’s been a pretty thorough investigation, so we’re happy with the way the investigation has been done."

The three people who have been charged — as directors or individuals who were required to exercise due diligence to ensure the company met its health and safety obligations — face maximum fines of $300,000.

Mr Dallow’s father, Brian Dallow, said he could not understand why the three individuals could be fined only $300,000. If those involved were that neglectful in terms of health and safety standards, a jail sentence would be appropriate, he said.

Steve Milbank, whose 19-year-old son Jake Milbank will need treatment for the rest of his life after suffering burns to 80% of his body, said the charges did not reveal much.

WorkSafe would not reveal the names of the 13 parties, saying they needed an opportunity to go before a judge to apply for name suppression.

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

"We’re not going to know anything for a while yet."

Volcanic Air pilot and director Tim Barrow said the company was not yet sure of the nature of the charges it was facing but once notified would take time to seek legal advice.

White Island Tours is facing two charges of breaching the Health and Safety at Work Act but said it could not comment any further about them while the legal process was ongoing.

Chairman of Ngati Awa Holdings, which owns White Island Tours, Paul Quinn said the iwi expressed its heartfelt condolences at the time of the eruption to the families that lost loved ones.

"We continue to include them in our prayers. Similarly to the survivors, we continue to offer our love and support."

WorkSafe has not released a report into its findings as the matter is now before the courts.

A court date is scheduled for December 15 in the Auckland District Court. — The New Zealand Herald

 

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