Description

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Context

New Zealand High Court overturned conviction of Whakaari Management owned by Buttle family for 2019 eruption on Whakaari (White Island) that killed 22 & company was cleared citing no control over tourism operations setting precedent for landowner liability in disaster prone areas.

Whakaari (White Island)

Whakaari is an active stratovolcano located off northeastern coast of New Zealand’s North Island in Bay of Plenty. The island covering approximately 2.4 square kilometers is one of New Zealand most active & dangerous volcanoes.

Geographical Features:

About 48 kilometers from mainland of New Zealand near town of Whakatāne.

The island is characterized by steaming vents, craters & highly active geothermal environment.

The landscape is harsh with mix of sulfur deposits, volcanic rocks & an ever-present risk of eruptions. The terrain is rugged with no permanent infrastructure due to its hazardous nature.

Volcanic Activity:

Whakaari has been erupting intermittently for over 150,000 years with frequent volcanic events since the 1970s.

Prior to 2019 eruption island had shown increasing signs of volcanic unrest including heightened seismic activity & emissions of gas & steam which had raised concerns among authorities.

2019 Eruption:

The eruption a phreatic explosion was violent as well as unanticipated leading to the tragic deaths of 22 individuals.

Despite signs of volcanic unrest eruption occurred without warning catching tourists off guard. The island accessibility & allure of seeing an active volcano contributed to large number of visitors at the time.

Ownership & Tourism:

Whakaari Management company that owned the island operated tours to volcano. Buttle family had owned island since the 1930s when their grandfather purchased it & was later placed in a family trust.

Operators did not have full control over day to day safety protocols.

Legal Case and Impact:

Company was initially found guilty of breaching workplace safety laws & fined heavily. However High Court later overturned conviction ruling that company was not responsible for the operations of tours.

Court decision has sparked discussions about responsibility of landowners in managing natural hazards & extent of their liability when granting access to potentially dangerous locations.

Ecological and Cultural Significance:

The island environment is often studied for its volcanic activity & its biodiversity including endemic species of plants & marine life around island.

For Māori people Whakaari is considered sacred & island features in numerous cultural legends. Māori tribes like Ngāti Awa and Te Whānau-ā-Apanui have strong connection to island both spiritually & historically.

Current Status:

Whakaari remains closely monitored by GeoNet monitoring network which tracks seismic & volcanic activity across New Zealand. The island remains off limits to tourists due to the ongoing volcanic risks.

Indian Laws & their application to natural disaster related liability & safety

Law/Regulation	Purpose	Relevance to Natural Disaster & Liability
The Environment Protection Act, 1986 (EPA)	Protects the environment and promotes sustainable development.	Ensures safety measures for hazardous environments. Landowners must take steps to prevent environmental harm in disaster-prone areas.
National Disaster Management Act, 2005	Provides the legal framework for disaster management and mitigation.	Sets guidelines for preparedness, response, and mitigation, ensuring safety in disaster-prone areas like active volcanoes.
Disaster Management Policy, 2009	Promotes risk reduction, preparedness, and effective response to disasters.	Encourages the management of disaster-prone zones. Operators must have plans to ensure visitor safety in such areas.
Public Liability Insurance Act, 1991	Mandates industries to have insurance for accidents in hazardous situations.	Operators must have insurance to cover accidents caused by natural disasters or negligence in hazardous tourism sites.
Indian Penal Code (IPC), 1860	Defines criminal offenses and penalties for negligence and harm caused.	Sections 304A, 337, and 338 can be invoked for criminal liability in cases of negligence causing harm or death.
Factories Act, 1948	Governs safety in industrial operations.	Its provisions for safety in hazardous environments apply to tourism activities in dangerous locations like volcanoes.
Indian Contract Act, 1872	Governs contracts between parties, including tourism contracts.	Operators must ensure safety in contract terms and conditions; negligence leads to liability for breach of contract.
National Environment Policy, 2006	Aims to balance development and environmental sustainability.	Operators in environmentally sensitive areas must ensure sustainable tourism practices to mitigate risk of natural disasters.
Wildlife Protection Act, 1972	Protects wildlife and their habitats.	Relevant if volcanic sites are within protected areas. Safety and environmental protection must be ensured for tourists.
Consumer Protection Act, 2019	Protects consumer rights, including tourists.	Tourists can claim compensation for harm caused by negligence during tours to hazardous areas like active volcanoes.

Major Active Volcanoes

Volcano Name	Location	Last Eruption	Type	Notable Facts
Mount Etna	Sicily, Italy	2021	Stratovolcano	One of the world's most active volcanoes, continuously erupting for thousands of years.
Mount Stromboli	Aeolian Islands, Italy	2022	Stratovolcano	Known for its persistent explosive eruptions, often referred to as the "Lighthouse of the Mediterranean".
Kilauea	Hawaii, USA	2020	Shield Volcano	One of the most active volcanoes in the world, with eruptions in 2020 causing significant lava flows.
Mount Fuji	Japan	1707	Stratovolcano	Famous and iconic, last erupted in 1707, but still considered an active volcano.
Mount Vesuvius	Italy (Near Naples)	1944	Stratovolcano	Destroyed the Roman cities of Pompeii and Herculaneum in 79 AD; last eruption in 1944.
Mount Merapi	Indonesia (Central Java)	2021	Stratovolcano	One of Indonesia's most active volcanoes, known for frequent eruptions.
Mount Peleé	Martinique, Caribbean	2020	Stratovolcano	Known for its deadly eruption in 1902 that destroyed Saint-Pierre.
Whakaari / White Island	New Zealand (Bay of Plenty)	2019	Stratovolcano	Eruption in December 2019 killed 22 people, highlighting the danger of tourist visits.
Mount Sinabung	Indonesia (Sumatra)	2020	Stratovolcano	Active since 2010, with frequent eruptions and evacuations of surrounding villages.
Mount Taal	Philippines	2020	Stratovolcano	Known for its explosive eruptions, located in a lake with an island in the middle.
Mount Popocatépetl	Mexico	2021	Stratovolcano	Active since 1994 with significant eruptions, one of the most dangerous volcanoes in Mexico.

Sources:

NDTV

PRACTICE QUESTION

Q. Which of the following volcanoes is located in the Pacific Ring of Fire and is known for its persistent explosive eruptions?

Mount Etna
Mount Stromboli
Mount Merapi
Mount Fuji

Select the correct answer using the code given below:

A) 1 and 2 only
B) 3 only
C) 1, 2, and 3 only
D) 2, 3, and 4 only

Answer: B) 3 only

Explanation:

Statement 1 is incorrect. Mount Etna (Italy) is located in the Mediterranean & not in the Pacific Ring of Fire and is known for its persistent activity.

Statement 2 is incorrect. Mount Stromboli (Italy) is located in Mediterranean not in the Pacific Ring of Fire. It is however known for its constant volcanic activity and persistent explosive eruptions earning it nickname Lighthouse of Mediterranean.

Statement 3 is correct. Mount Merapi is in Indonesia which is part of Pacific Ring of Fire & it is one of most active and explosive volcanoes in the world.

Statement 4 is incorrect. Mount Fuji, Japan is also located in Pacific Ring of Fire and is an iconic, active stratovolcano. However it last erupted in 1707 so it is not known for persistent explosive eruptions in recent times.