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Owners of Whakaari/White Island have company’s conviction quashed

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The owners of Whakaari/White Island have had their company’s conviction over the volcano’s deadly 2019 eruption, which killed 22 and seriously injured 25, quashed.

Whakaari Management Limited, owned by Brothers Andrew, James and Peter Buttle appealed the conviction, in which they were fined $1.045 million and ordered to pay $4.88m in reparation to the victims.

In a High Court judgment released on Friday, Justice Simon Moore said the brothers did not manage or control the island off the coast of Whakatāne.

Justice Moore said through the brothers’ company Whakaari Management Limited (WML), they simply owned the land where licensed walking tours took place.

He concluded those walking tour operators and others, including the Institute of Geological and Nuclear Sciences (GNS), took a leading role in allowing visits.

For 11 years from 2008, WML granted licences allowing commercial tour companies to run guided walking tours on the crater floor of the island volcano.

On 9 December, 2019, when the volcano was at alert level 2 status – moderate to heightened volcanic unrest – 42 mostly international tourists and five tour guides were on the island when it blew up.

Following the disaster, WorkSafe NZ brought charges under health and safety laws against 13 parties including Whakaari Management, companies that operated guided walking tours on the island and others.

Whakaari Management was charged with failing to comply with a duty to manage or control a workplace, or a duty to ensure the health and safety of those on the island because of its business.

WorkSafe alleged that either failure exposed people to the risk of death or serious injury.

But before the case could get to trial six of the parties had their charges dismissed.

After the judge-alone trial in the Auckland District Court in 2023, Judge Evangelos Thomas found Whakaari Management guilty on one of the two charges; breaching its duty under section 37 of the Health and Safety at Work Act 2015.

But the Buttle brothers appealed to the High Court arguing their company did not have a duty because it did not manage or control the workplace where the walking tours took place.

They claimed they did not breach any duty and if there was such a breach, they did not expose individuals to death or serious injury.

Justice Moore, who retired in November and whose judgement was reserved, agreed and found WML did not have a duty to ensure the walking tour was without risk.

He found the Act imposed a duty on people with the ability to “actively” manage or control a workplace, rather than on those who had some element of control and management through ownership.

Justice Moore considered it significant the “workplace” where the walking tour happened was on bare land.

This meant there was nothing for Whakaari Management to manage or control on the tours other than granting access, which meant it did not have “active” management over the workplace.

He said while WML had some degree of management because of granting access, it was insufficient to impose a duty because Parliament had intended, when creating the law, for the duty not be imposed on landowners simply because they permitted others to carry out activities on their land.

Justice Moore also rejected that WML had a duty because it was paid for allowing the walking tours.

He said there was nothing in the licence agreements that gave WML the ability to direct and control what was happening on the island on a day-to-day basis.

Instead, his review of the evidence led to the conclusion it was the walking tour operators and others including GNS who took a leading role as to what happened on, and whether to allow visits to, the island.

WorkSafe’s case was that Whakaari Management should have obtained a risk assessment in permitting walking tours, and that visitors should have been given protective clothing and an adequate means of evacuation.

But the High Court agreed with WML that their own risk assessment was not reasonably practicable, and that the company relied on operators to undertake those assessments, and on GNS to supply relevant information.

WML also argued WorkSafe approved audits of operator White Island Tours for its registration as an Adventure Activity operator, both before and after an eruption in 2016.

Justice Moore said the appeal was allowed and the conviction should be quashed.

However, he noted that had Whakaari Management been under an obligation to obtain a risk assessment from GNS, it would have appreciated the heightening risk of an eruption in the lead up to 9 December, 2019, and that this would have informed its decision-making about whether to continue to permit tours.

WorkSafe New Zealand said it acknowledged the High Court decision and was considering next steps, including on whether to seek to appeal.

A spokesperson said the convictions and sentences of the six other entities prosecuted by WorkSafe remained.

Source: RNZ

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Opportunities to mitigate multi-million-dollar RNZ budget blowout likely missed – experts

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Multiple opportunities to identify and mitigate a multi-million-dollar budget blowout at RNZ appear have been missed, according to the former executive director at Audit New Zealand.

The public broadcaster on Monday revealed a near $12 million shock financial loss after a litany of financial blunders, which will now lead to sweeping job cuts.

The $11.8m loss is more than 25 times the $470,000 RNZ had expected to lose over the year to June.

CEO Paul Thompson took responsibility for the result, and said internal reports gave an inaccurate picture of the finances, meaning the scale of the loss only became clear in October.

RNZ’s former chief financial officer Hilary Parker resigned unexpectedly in early October.

The board said it would commission an independent review into what went wrong.

Independent contractor Stephen Walker, who left the Audit Office earlier this year, said the size of the loss was surprising, as was the length of time it took to identify it – months after the financial year ended.

Stephen Walker.
Independent contractor Stephen Walker is a former executive director at Audit New Zealand.

Supplied / OAG

“Probably more of a concern is that they had seemingly been unaware that they were running up a significant deficit until they were in the preparation stage of their annual report in October.”

Walker said public entities typically produced monthly financial reports.

An interim audit also took place before the end of the financial year, he said, but if the organisation hadn’t identified significant losses at that stage, the auditor could also be in the dark.

“It seems that there’s a real weakness in forecasting and budgeting that’s occurred here and that the monthly accounts, when they’re produced, either haven’t identified these significant variances against budget or the magnitude of them really hasn’t come to light until right towards the end of the financial year,” Walker said.

“And really at that point, there’s no opportunity for the chief executive, the leadership team to take, and the board to take, any corrective action because the year has effectively been completed.”

Walker said the “significant miss” was difficult to account for given it was more than 10 percent of RNZ’s total funding.

He said based on RNZ’s annual report, financial complexity didn’t appear to be a factor.

“This $11.8m loss isn’t made up of one particular item … it seems to have been contributed to by a number of separate expense lines running over budget. So I don’t think it’s necessarily to do with complexity.”

Among the errors, RNZ wrongly counted $2m from land sales as income in its budget. Staff costs also came in $3.2m over budget, including $1.4m in redundancy payments.

Professor at Auckland University’s business school Norman Wong said based on media reports the issues identified were “significant and troubling”.

Norman Wong.
Norman Wong.

Supplied / University of Auckland

“But recognising the sale of land as income in their budget is a basic error that one would have expected to have been caught and corrected well before it got to this point.”

With funding reductions at RNZ over the past two years, Walker expected greater scrutiny of financial results.

“Virtually every public entity has had their annual budget reduced. And so you would expect … the leadership team on a monthly basis and board – I’m not sure how frequently the board will consider the information – but you would expect them to be interrogating the results on a regular basis throughout the year,” he said.

Walker said initiating an independent review was the correct course of action and that he’d want to understand what information the leadership team and the board were regularly receiving.

He said he’d “love to say” surprising financial results were rare, but conceded they occured on a semi-frequent basis during his time leading the Audit Office.

“The benefit of independent scrutiny by the Audit Office – and the auditors providing that support to the Auditor General – [is] that the reporting is fairly presented at the end of the year, whether it’s good, bad or ugly.”

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