Whakaari helicopter operators plead guilty

July 17, 2023

(New Zealand)
Three helicopter tour operators, charged by WorkSafe New Zealand for health and safety failings related to Whakaari, have pleaded guilty to amended charges.

WorkSafe charged Volcanic Air Safaris Limited, Kahu NZ Limited and Aerius Limited under the Health and Safety at Work Act 2015 following a nearly 12-month investigation.

WorkSafe Chief Executive Phil Parkes said: “The survivors, and the family and whānau of those who passed, will be in many people’s thoughts. Whakaari was an absolute tragedy, and we remember everyone who was impacted.

“These pleas acknowledge the processes that should have been in place to look after people’s health and safety on the day Whakaari erupted.”

Six parties have now pleaded guilty to health and safety failings related to operations around Whakaari. Of the 22 people who died, one was a customer of Volcanic Air Safaris Limited. In addition, 19 White Island Tours customers and two employees died.

Volcanic Air Safaris Limited, Kahu NZ Limited, and Aerius Limited entered guilty pleas at the Auckland District Court.

Volcanic Air Safaris Limited was charged under Section 36(1)(a), 36(2), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015.

Kahu NZ Limited and Aerius Limited were charged under Section 36(1)(a), 36(2), 49(1) and 49(2)(c) of the Health and Safety at Work Act 2015.

Charges under Section 48 carry a maximum penalty of a fine not exceeding $1.5 million.

Charges under Section 49 carry a maximum penalty of a fine not exceeding $500,000.

This is valid as of 17th July 2023.

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