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The owners of a New Zealand volcano that exploded in 2019, killing 22 people, have had their condemnation for the disaster by the Superior Court of the country.

Whakaari Management Limited (WML) was declared guilty in 2023 not keeping safe and fined visitors with NZ $ 1m ($ 560,000; £ 445,000). They were also ordered to pay NZ $ 4.8 million in repair to the victims.

However, after an appeal, the Superior Court ruled on Friday that the company only possessed the land and was not responsible for the safety of people.

White Island, who is also known by his name Maorí, Whakaari, is the most active volcano in New Zealand and has been exploding in some way since 2011.

He had been showing increased signs of restlessness for weeks before the fatal eruption of December 2019, which killed almost half of the people who were at that time. Most were tourists, including 17 from Australia and three of the United States.

Another 25 people were injured, and many suffer extensive burns.

The judge of the Superior Court, Simon Moore, said Friday that, although WML authorized the tours of the volcano, there was nothing in these agreements that gave him control of the company of what was happening on the island day by day.

He agreed that it was reasonable that the company trusted tour operators, as well as in scientific and emergency management organizations, to evaluate safety risks.

Judge Moore added that, when making his decision, he had not ignored the pain and pain of the families that had been affected.

“It is impossible not to be deeply moved and affected by the scale and nature of human loss in this case,” he said.

Thirteen matches in total, including tour operators, were accused of disaster. WML was the last to receive a verdict after six declared himself guilty, while six more have dismissed his positions.

The case against WML was the largest action of its kind presented by the New Zealand regulator, Worksafe NZ, who said he recognized the ruling of the Superior Court and was considering whether to appeal.

James Cairney, a lawyer for James, Andrew and Peter Buttle, three brothers who have the company, said the family welcomed the decision approval, said Radio New Zealand. He added that the Buttles hoped that “it would bring certainty for all landowners who give other recreational access to their land.”

The Buttle family has owned Whakaari/White Island since the 1930s, when their grandfather bought it and placed it in a family confidence. It is one of the few private property islands in New Zealand.

The brothers had been previously tried in relation to the 2019 disaster as individuals for alleged violations of health and safety legislation in the workplace of New Zealand. Those charges were dismissed in 2023.