Five companies - including the island’s owner, Whakaari Management Ltd, tour operators, and the Crown research institute GNS Science - have been found guilty of health and safety failings in the lead-up to the disaster.
Australian Richard Elzer was at the end of a world tour with his partner Karla Matthews when they were killed in the eruption four years ago.
Mieke Elzer, sister of Whakaari victim Rick Elzer. speaks at the Auckland District Court as sentencing begins in the Whakaari White Island trial. Photo: RNZ/Marika Khabazi
Their family members choked back tears as they recalled the days after the tragedy to the court.
Richard Elzer’s sister Shannon said she collapsed on the street when she learned her brother was on the island.
“I still hear my Dad’s voice, sobbing the words ‘my son’, over and over, when he told me what had happened,” she told the court.
Amelia, as well as her two sisters, said the constant media coverage of the disaster and its aftermath was traumatic.
“Having the media follow my family time after time, breaking the boundaries of our privacy to get the best story. Coming to our family home three days after the eruption to gain some inside information. Three days. We had no room to grieve in private.”
Her older sister Mieke Elzer also said boundaries were crossed.
“It seemed throughout the tragedy that all the media ever wanted was a story. It did not appear that there was any duty of care towards our family.”
Peter Elzer said his son was not a thrill seeker.
“His decision to attend the tour that day was one that was consciously made, putting his trust in those who promoted and carried out the tour, and those who were responsible for the final destination, Whakaari.
“That trust was unfounded, as they did not ensure his safety, and he paid the ultimate price.”
Peter Elzer, father of Whakaari victim Richard Elzer, speaks at the Auckland District Court as sentencing begins in the Whakaari White Island case. Photo / RNZ
Amelia Elzer said before last year’s trial, she had tried to accept the tragedy as a natural disaster rather than placing blame.
That changed when she heard the sentencing, finding Whakaari Island Ltd guilty of falling short of its health and safety obligations.
“Having learnt the truth behind the reason why my family lost my big brother and his beautiful partner has been a hard pill to swallow.
“Now, I kind of feel like a victim of negligence and sheer recklessness.”
Earlier in the day, WorkSafe prosecutor Kristy McDonald had told the court the judge’s ability to sentence was severely hampered by the defendants’ financial situation - in particular, that of Whakaari Management Ltd.
“WML has said it has no money or other assets, and does not offer any money by way of reparation,” McDonald said.
Mieke Elzer said the ruling of last year’s trial against Whakaari Management Ltd made her feel the rage of a big sister.
“The thought that my little brother’s death was preventable makes me question the intentions of the company, to think that it can own an active volcano and profit millions of dollars by letting increasing numbers of people walk on her, without properly taking the time to understand when and how she might erupt.”
“Hearing Whakaari Management Ltd submissions this morning has also made me question the intentions of the company in submitting that they have empty pockets in this time of tragedy.”
She said no amount of money can bring her brother back, but called on the court to make amends another way.
“To know that this company and others who failed in their duties have not got away with their negligent conduct sends a message moving forward that one cannot merely profit from natural environments, there is a great responsibility that comes from our relationship with Earth.
“More meaningful than economic reparation, I think, would be a public acknowledgement of this sentiment.”
Richard Elzer’s mother Jeannie Bartram, was also present in the courtroom, but had her statement read aloud by a victim support person.
“My maternal grandfather was from New Zealand. I am truly heartbroken and so very sorry that New Zealand was not a safe place for my son to visit.
