NZ volcano eruption: tour, ship firms liable, says Jacinda Ardern

Travel companies are legally responsible for passengers who visited White Island, PM says.

Crew from the HMNZS Wellington return to shore to drop off supplies on December 16, 2019 in Whakatane, New Zealand. Picture: Getty

Jacinda Ardern says tour operators and cruise ship companies are legally responsible for the safety of passengers and staff who visited White Island when its volcano erupted last Monday, and could face jail sentences and multi-million-dollar fines under New Zealand workplace laws.

The New Zealand Prime Minister also revealed details of a $5m financial compensation package for local businesses that might potentially flow to some companies being investi­gated for their role in the tragedy.

New Zealand Prime Minister Jacinda Ardern observes a minute’s silence on Monday. Picture: AP

Ms Ardern’s comments came after New Zealanders observed a minute’s silence at 2:11pm on Monday, exactly a week after the eruption, causing the deaths of at least 14 Australians and two New Zealanders, with two others missing presumed dead.

Ms Ardern said a WorkSafe investigation launched last Tuesday would look into the harm and loss of life, as well as examining workplace health and safety issues. “The Health and Safety at Work Act 2015 covers work and workplaces in New Zealand and WorkSafe is the primary regulator,” she said.

“Its role also affects public safety where this is affected by work.

“The primary duty of care is held by the person conducting a business or undertaking — and they, usually an organisation — are required to manage the health and safety risks to people, including workers and the public arising from their activities.

“Tour operators, cruise ship companies, emergency responders and landowners fall under this. WorkSafe can prosecute for breaches of the act and penalties and criminal sanctions range from $50,000 to $3m and up to five years in prison.”

Ms Ardern said she understood the WorkSafe investi­gation — which will take place alongside a coronial inquest — might take as long as a year.

“As a cabinet, we know that it’s possible there will be broader issues that won’t be covered by these inquiries,” Ms Ardern said.

“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. I expect advice on this in the New Year.”

Ms Ardern’s cabinet on Monday approved a $NZ5m ($4.8m) fund to compensate businesses in Whakatane affected by the eruption, as well as businesses in the Westland region on the South Island affected by recent floods.

The NZ Prime Minister said she could not rule out the poss­ibility that businesses being ­investigated by WorkSafe could receive compensation.

“There are a number of employees in situations here that need to be thought about too, but again no decisions have been made (about which businesses will receive compensation),” Ms Ardern said.

Meanwhile, Ovation of the Seas, the cruise liner on which most of the volcano victims had been travelling, returned to Sydney on Monday.

Ovation of the Seas passengers Michelle and Greg Fawkner arrive in Sydney. Picture: Jane Dempster

Passenger Josua Joubert told The Australian it had been difficult for patrons to enjoy their holidays when 16 of their companions had lost their lives.

Mr Joubert said it was “extremely reckless to even consider operating” a tour when a warning had been issued.

New Zealand Police on Monday morning officially confirmed the names of four more victims they had positively identified.

They include Brisbane veterinary science student Jessica Richards, 20, Jason Griffiths, 33, from Coffs Harbour, Martin Hollander, 48, from Sydney and Kristine Langford, 45, also from Sydney.

Another seven Australian citizens and permanent residents were officially confirmed dead at the weekend, including Mr Hollander’s sons, Knox Grammar schoolboys Matthew Hollander, 13, and Berend “Ben” Hollander, 16, US citizens who were Australian permanent residents.

Ms Langford’s husband, Anthony Langford, 51, was also named, along with Melbourne woman Krystal Browitt, 21, Adelaide lawyer Gavin Dallow, 53, and his stepdaughter, Zoe Hosking, 15, and Coffs Harbour woman Karla Mathews, 32.

Ms Richards’s mother, Brisbane IT specialist Julie Richards, 47, and Ms Mathews’s partner, Richard Elzer, 32, from Coffs Harbour, have been confirmed dead by their families, although they are yet to be officially identified.

Mr Hollander’s wife Barbara, an Australian permanent resident, and the Langfords’ daughter Winona, 17, have also been identified as missing, presumed dead, by their families. An unidentified Australian man died on Sunday after being flown to Sydney’s Concord Hospital in a critical condition.

Ms Browitt’s sister Stephanie, 23, and father Paul remain in Melbourne’s The Alfred hospital, as does Zoe Hosking's mother, Lisa Dallow, 48.

All were listed in a critical condition on Monday.

Additional reporting:

Emily Ritchie