Volcano eruption: Cabinet seeks investigative gaps

Forty-seven people were on the island when it erupted on December 9. Photo: INSTAGRAM ...
Forty-seven people were on the island when it erupted on December 9. Photo: INSTAGRAM @ALLESSANDROKAUFFMANN/via Reuters
Cabinet is taking advice from officials on whether a wider investigation is needed into the Whakaari/White Island tragedy last week that killed 16 people.

Prime Minister Jacinda Ardern announced this afternoon at a news conference that Cabinet had requested work be done to identify any broader issues or gaps that may fall outside of the two investigations into safety concerns surrounding the eruption on December 9.

The eruption on the small island in Bay of Plenty left at least 16 people dead, with two people also presumed dead and yet to be found. Another 26 people are still in hospital in New Zealand and Australia, 10 in a critical condition.

There are two investigations under way: one by police on behalf of the coroner and the other by WorkSafe, as is mandatory when a fatality occurs at a workplace.

With the WorkSafe investigation likely to take about a year, Ardern said Cabinet ministers wanted to know if any action needed to be taken sooner and ordered work to be done. That advice is expected in the New Year.

Worksafe can prosecute individuals and companies for breaches of health and safety laws, with penalties including fines of up to $3 million and jail terms of up to five years, Ardern said.

Workplace health and safety laws and regulations for adventure tourism have been updated over the years in response to past tragedies.

Tour operators, like White Island Tours, work under 2016 regulations that require them to undergo a safety audit and register with WorkSafe, the agency that has primary regulatory oversight.

The WorkSafe investigation will consider all the relevant work and health and safety issues surrounding the eruption and can prosecute if anyone is found to have been at fault.

"I understand the WorkSafe investigation may take a year and coronial processes are also likely to continue for some time," Ardern said.

"As a Cabinet we know that it's possible there will be broader issues that won't be covered by these inquiries. Therefore I have asked for advice from officials to look into whether there are any gaps that need to be addressed that fall outside of a potential coronial inquiry and the WorkSafe investigation."

Whakaari is privately owned and Ardern said it might be a case of looking at the different regimes as part of a wider inquiry.

WorkSafe is the regulator of activities classed as adventure tourism, and Ardern said the watchdog would not be able to investigate its own actions, "but it wouldn't be out of the question for instance for a coronial inquest to potentially do that".

While a wider investigation is possible, Ardern said she wanted proper advice from offficials before deciding what more to do.

"I want to ensure we answer all the questions that need to be answered and to try and do that with as little duplication as possible,'' she said.

The adventure tourism regulations have only recently been updated and Ardern said she did not envisage needing to substantially change them. She said the changes had been made after other tragedies, like the 2008 Mangatepopo canyon disaster and the 2010 Fox Glacier parachuting crash.

FUND APPROVED FOR SMALL BUSINESSES

The Prime Minister announced today that the Government had approved a fund to help small businesses in Whakatane following last week's eruption and for those affected by recent damaging flooding in Westland.

Speaking to reporters at her weekly post-Cabinet press conference on Monday, Ardern said officials and ministers were finalising criteria and details of the $5 million fund.

Prime Minister Jacinda Ardern and Cabinet observed one minute of silence to remember victims of...
Prime Minister Jacinda Ardern and Cabinet observed one minute of silence to remember victims of the Whakaari / White Island eruption. Photo: Pool photo

MINUTE'S SILENCE HELD

New Zealand observed a one-minute silence at 2.11pm on Monday for the victims, exactly one week after the eruption took place.

Ms Ardern led the minute of silence, standing alongside her ministers at Parliament in Wellington.

"Those who have been lost are now forever linked to New Zealand, and we will hold them close," she posted on her official Instagram account.

The United States embassy in Wellington posted a photograph on Twitter of its staff, with heads bowed, before a US flag flying at half-mast.

In the Bay of Plenty, hundreds of people attended Te Manuka Tutahi marea in Whakatane to observe the minute's silence.

Australian Foreign Minister Marise Payne met with Ardern in Wellington on Monday to express Australia's thanks to emergency and medical crews.

MORE VICTIMS NAMED

Earlier today, police formally released the names of four more victims who died in the eruption. They are: Australians Jessica Richards, 20, Jason David Griffiths, 33, Martin Berend Hollander, 48, and Kristine Elizabeth Langford, 45.

Other victims identified so far are New Zealander Tipene Maangi and Australians, Zoe Ella Hosking, 15, Karla Michelle Mathews, 32, Gavin Brian Dallow, 53, Anthony James Langford, 51, Krystal Eve Browitt, 21, Berend Lawrence Hollander, 16, and Matthew Robert Hollander, 13.

Police said the operation to recover the two remaining people missing on the island would continue for as long as there was a chance of them being found.

Police Commissioner Mike Bush said the Navy and police dive teams would plan for another attempt at a search tomorrow. An aerial search with a helicopter continued today.

Many of dead and injured were Australians on a day tour from a Royal Caribbean Cruises Ltd ship. The 16-deck Ovation of the Seas docked back in Sydney on Monday, with some passengers disembarking in tears as they were reunited with family members.

Legal experts said last week they expected to see lawsuits filed in the US courts by injured passengers and families of those who died. Royal Caribbean's potential liability for the deadly excursion could hinge on whether the eruption was an unforeseeable "act of God," maritime lawyers told Reuters.

"We will to continue to provide ongoing support and services to them and their families during this difficult time," a spokeswoman for the company said in an emailed statement on Monday. 

- RNZ, NZ Herald and Reuters

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