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Court Summary - at a glance

Date of offence:
Between 30 June 2018 and 10 December 2019
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$227,500

Safety lessons learned:

The defendant failed to:

  • Ensure adequate risks assessments of the activity of conducting tours on Whakaari had been undertaken;
  • Monitor and review known hazards of Whakaari when there is a change in volcanic alert level and/or the issuing of a volcanic alert bulletin;
  • Ensure booking confirmation, pre-activity information and tour description information provided sufficient detail regarding the hazards and risks, including the risks posed to tourists from volcanic activity, so tourists could make an informed decision prior to commencing their tour;
  • Not facilitate tours unless appropriate controls have been implemented or installed to mitigate the risk of death or serious injury from volcanic activity, including:
    • Appropriate emergency response planning, including facilities that would sufficiently mitigate risk from volcanic activity and adequate means of evacuation
    • The provision of appropriate personal protective equipment to tourists.
  • Consult, co-operate and co-ordinate with the PCBUs that conducted tours on Whakaari for Inflite Charters Limited passengers as to the hazards and risks posed to tourists from volcanic activity.

Defendant name:
Inflite Charters Limited
 
Industry:
Adventure activities
 
Date of offence:
Between 30 June 2018 and 10 December 2019
 
Facts in brief:
Whakaari erupted on 9 December 2019.

Inflite promoted and sold tour packages to Whakaari, including packages comprising transport to Whakatāne via helicopter and then a guided walking tour on Whakaari.

Inflite had a helicopter licence agreement with Whakaari Management Limited (WML) that permitted it to conduct tours to Whakaari from the Auckland region.

It sold around 40 trips per year over a period of five years (a total of 198 trips during the period November 2014 to 9 December 2019), to approximately 118 passengers per year.

It received the Volcanic Alert Bulletins (VABs) from GNS.

Inflite offered these tours directly through its website and through travel agents.
 
Offence section:
S36(2) and s48(1) and (2)(c) HSWA 2015
 
Date(s) charged:
30 November 2020

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$227,500
 
Maximum fine available:
$1.5 million
 
Reparation:
Costs - $40,000