Although prosecutions in New Zealand are ongoing over the Whakaari White Island disaster, so far Judge Evangelos Thomas has ruled on seven guilty parties, resulting in penalties adding up to about NZ$13 million.

The court cases around the event, which caused 22 deaths and numerous serious injuries, reach as far away as the United States.

Royal Caribbean Cruises Ltd (RCCL), the company that sold tours to most tourists who were on the island at the time of the eruption, is currently facing civil proceedings in Florida.

Health and safety obligations

That fact — that ticketing agencies are potentially in the liability line of fire — represents one of the most significant outcomes of this particular case, says David Neutze, senior litigation partner with Brookfields Lawyers and a presenter at ANZIIF’s upcoming New Zealand Liability Conference.

Businesses that sell tickets for specific tours and experiences, in addition to those that operate the tours or manage the land on which they take place, can now be held accountable for health and safety events related to the tours.

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