Whakaari/White Island eruption: GNS Science pleads guilty, island’s owners fail to have charges thrown out

GNS Science has pleaded guilty to a health and safety charge after the fatal eruption of Whakaari/White Island.

In a statement this afternoon, the research organisation said it pleaded guilty to a reduced charge relating to helicopter flights transporting its staff to the island between April 2016 and its last such trip, days before the eruption that killed 22 people.

The charge was laid under the Health and Safety at Work Act 2015.

It was unrelated to the tragic events of December 9, 2019, when the volcanic island erupted off the coast of the Bay of Plenty.

WorkSafe originally laid two charges against GNS under the Act. The primary charge was later dismissed, leaving a charge that alleged GNS failed to ensure the health and safety of helicopter pilots providing transport services for GNS staff to and from Whakaari between April 4, 2016 and December 4, 2019 - the date of the last such trip.

Today, GNS pleaded guilty to a reduced charge under section 49 of the Act. The statement said this charge acknowledged GNS failed to sufficiently consult, co-operate and co-ordinate with the helicopter operators which took GNS staff to and from, and landed on, Whakaari between the same dates.

“In pleading guilty to this reduced charge, GNS is acknowledging that there should have been a more structured exchange of information with the helicopter operators about the risk presented by travel to and from Whakaari on GNS staff trips,” the statement said.

“Importantly, the reduced charge does not allege the helicopter pilots were exposed to a risk of death or serious injury as a result of this breach.”

GNS said it was unable to make any further comment as “this remains an active legal matter”, but extended sympathy to the families of the victims and recognised the ongoing impacts of the eruption and subsequent investigations, were having on the wider community.

GNS was among 13 parties originally charged by WorkSafe.

Earlier today Radio New Zealand reported the owners of Whakaari/White Island had failed to have charges against them thrown out.

Three members of the Buttle family are charged as directors for failing in their duty to workers and tourists, and will face trial alongside a dozen remaining parties, in five weeks.

Their company, Whakaari Management, is also alleged to have failed its duty.

Judge Evangelos Thomas dismissed their application at a hearing of Whakatāne District Court, sitting in Auckland today, but amended the charges to limit WorkSafe to alleging that the Buttles failed to obtain expert advice that the guided tours were conducted safely.

All defendants have pleaded not guilty.