The sentencing hearing for GNS Science, which pleaded guilty to failing to fully communicate the risks of flying to Whakaari/White Island, will return for the judge’s decision this afternoon.
WorkSafe has argued GNS should be fined from a starting range of $150,000 and $250,000 for failing tocommunicate the risks of flying to Whakaari/White Island.
The sentencing for the Crown research institute is underway at the Auckland District Court, in a hearing separate to the five companies found guilty of safety failings in the 2019 disaster.
WorkSafe prosecutor Kristy McDonald told the court that GNS failed to communicate the risk to helicopter pilots flying its scientists to Whakaari between 2016 and 2019.
“Scientists at GNS made regular trips to Whakaari to perform fieldwork involving various volcanic monitoring activities,” she said.
WorkSafe prosecutor Kristy McDonald. Photo / RNZ
“In order to get there, GNS usually contracted helicopter pilots to fly its staff to the island, remain on the island while the staff carried out the fieldwork, and fly the staff back.”
McDonald said the charges levelled at GNS Science did not relate to the Whakaari/White Island disaster itself.
“This charge does not relate to the tragic events of December 9, 2019, although that day does provide a stark illustration of the incredibly serious consequences when things go wrong,” she said.
WorkSafe argued GNS Science’s failures were enough to justify a fine in the starting range of $150,000 to $250,000. The maximum penalty for the charges GNS faced was a fine of $500,000.
Its lawyer Rachel Reed said the agency took the sentencing seriously, and felt deeply for the victims, family and wider community affected by the Whakaari/White Island disaster.
GNS chief executive Chelydra Percy, alongside board member Andrew Cordner and principal scientist Dr Jillian Jolley, travelled to Auckland for the sentencing and were present in the courtroom.
Reed said a fundamental backdrop to the charge was that GNS did provide robust and sound scientific advice in its volcanic alerts.
“In essence, that science was right. Sadly, the development of that science did not permit GNS - or any other volcanologist - to predict an eruption at Whakaari, which could occur at any time with little or no warning, given the nature of Whakaari itself as opposed to other volcanoes that GNS monitors,” Reed said.
Reed said GNS had communicated with helicopter and tour operators through letters, emails and phone conversations and they did what they could to raise the risk of flying to Whakaari.
“The remaining charge and agreed summary of facts does not in any way suggest that risk assessments should have been prepared for the pilots by GNS, or that they should have been provided to the helicopters. This is a communication charge,” she said.
Still from video shot from a tourist boat near Whakaari just as the volcano erupted, about 2.15pm on December 9, 2019.
The sentencing hearing for GNS Science will return today for the judge’s decision.
