Whakaari charges: ‘Relief’ for family
Worksafe NZ lays criminal charges against 13 parties
News of charges to 13 parties relating to the Whakaari / White Island eruption has come as “some relief” to a family that lost two loved ones in the tragedy.
However, the father of one the survivors says it will be a long time before details of the charges emerge.
Worksafe NZ has confirmed it has laid criminal charges against 13 parties related to the tragedy that claimed 22 lives in last December following a Worksafe investigation.
Two Bay of Plenty businesses, including one involved in rescuing survivors off the island and the owners of the main tour company, have confirmed they have been charged by the government organisation.
The investigation gave “some relief” to Meredith Dallow, twin sister of Gavin Dallow who lost his life in the eruption.
She told NZME news of the charges made her “quite pleased”.
“I’m not surprised that there have been charges laid and I’m actually quite pleased to be honest.”
Adelaide-based lawyer Gavin Dallow, 53, and his 15-year-old stepdaughter Zoe Hosking died when Whakaari/white Island, off the Bay of Plenty coastline, erupted underneath them on December 9.
Gavin’s wife Lisa Dallow, 48, was critically injured, suffering burns to almost 60 per cent of her body.
Gavin was farewelled a month after the eruption when more than 600 people attended his funeral at the Adelaide Oval.
Yesterday, Meredith said she was assuming who had been charged at this stage, but the maximum fine of $1.5 million was “better than nothing”.
Ten parties are facing charges under the Health and Safety at Work Act and the maximum fine.
Three people have been charged as directors or individuals who were required to exercise due diligence to ensure the company meets its health and safety obligations.
Those charges each carry a maximum fine of $300,000.
“I’m glad the Worksafe investigation went ahead and there is an
outcome but it doesn’t really put closure to things,” Meredith said from Adelaide.
Meredith did not believe closure wouldcome until the court cases and coronal inquest were over, but she was thankful the Worksafe report was released now rather than next week, around the anniversary of the eruption.
“It does give us some relief, especially aswecomeclose to the 12-month anniversary.
“It’s been a pretty thorough investigation, so we’re happy with the way the investigation has been done.”
Steve Milbank, the father of Jake Milbank, one of the two Kiwi survivors of the disaster, said the report didn’t tell them much.
He said it didn’t reveal who the 13 parties were that were charged as the report noted they needed an opportunity to go before a judge to apply for name suppression.
He said it would be a long time before details of why they were charged would be known and the release of the reportwas only the first stage.
“We’re not going to know anything for a while yet.”
Jake Milbank was a guide and aged just 19 at the time of the tragedy. He suffered horrific burns to 80 per cent of his body and will need treatment for the rest of his life.
Rotorua-based helicopter company, Volcanic Air, went to the aid of victims and flew them off the volcanic island after it erupted, when emergency services were instructed not to respond.
Volcanic Air pilot and director Tim Barrow confirmed to NZME the company had been notified it would face charges.
He said they were not yet sure of the nature of the charges but once they received more information, they would take time to seek legal advice.
“There’s not really too much I can say. I can confirm we are one of the parties that have been charged but we don’t know what the exact process is.”
Volcanic Air and six other private helicopter company staff members flew their aircraft to Whakaari/white Island on the day of the eruption and rescued survivors.
Some of those on board died en route to hospital but many survived.
White Island Tours has confirmed it is facing charges under the Health and Safety at Work Act, following the Worksafe Investigation.
Paul Quinn, chairman of Nga¯ti Awa Holdings which owns White Island Tours, confirmed the news to NZME.
“White Island Tours Limited has been charged with two breaches of the Health and Safety at Work Act. No employees or directors of the company have been charged,” he said.
“As the legal process is ongoingwe will not be making any further comment at this time.”
Quinn said at the time of the eruption, the iwi expressed their heartfelt condolences to the families in New Zealand and abroad who lost loved ones.
“We continue to include them in our prayers. Similarly to the survivors, we continue to offer our love and support.”
Wednesday next week, on the first anniversary of the Whakaari eruption, Quinn said they would be coming together as a community to mourn the victims and pay their respects.
The Bay company joins two government agencies also facing charges over the White Island eruption tragedy.
Prime Minister Jacinda Ardern said GNS Science and the National Emergency Management Agency (Nema) had acknowledged they were among those charged over the
tragedy.
GNS Science monitors volcanic activity in this country, including White Island, and scientists assign an alert level for each volcano.
Nema provides leadership in reducing risk, being ready for and responding to and recovering from emergencies.
Forty-seven people were on the island when it erupted on December 9 last year and 22 later died from their injuries.
Twenty tourists and two tour guides from White Island Tours were among the dead after the volcanic island erupted underneath them during a sight-seeing tour.
As well as the Worksafe inquiry, police have been investigating the disaster on behalf of the coroner and they announced last week the total toll had risen to 22 with the death of 64-year-old Horst Westenfelder.
Many more would have died if not for the heroic actions of tour guides, fellow tourists, helicopter charter pilots who flew out to the island in an unsanctioned rescue mission, and the subsequent work of specialist medical teams.
Tourists have not been back to the island since.
Worksafe chief executive Phil Parkes confirmed the charges had been laid against 13 parties in relation to the eruption but under New Zealand law he could not name the parties because they were able to apply for name suppression.
He said the charges conclude the most extensive and complex investigation ever undertaken by Worksafe. At its peak, 28 people were working on the investigation.
The eruption was “unexpected” but was not “unforeseeable”, Parkes told a press conference.
Worksafe’s investigation did not include the rescue-and-recovery operation — the focus was on the events leading up to the eruption, he said.
The court date is scheduled for December 15 in the Auckland District Court.
Tourism Bay of Plenty’s chief executive Kristin Dunne said it was inappropriate to comment on the process as charges were before the court.
“As we approach the one-year anniversary of this natural disaster, our thoughts are with the victims and their families.
“We are also thinking of our tourism colleagues and the people of Whakata¯ne. The tragic loss of manuhiri in our home is always deeply personal.”
Current Whakata¯ne mayor Judy Turner and former mayor Tony Bonne declined to comment.
There’s not really too much I can say. I can confirm we are one of the parties that have been charged but we don’t know what the exact process is.
Volcanic Air pilot and director
Tim Barrow