On 9 December 2019, the volcano on Whakaari-White Island near Whakatāne in the Bay of Plenty erupted, resulting in the deaths of 22 people and injury to 25 others, most of them critical. The bodies of two victims were not recovered.
Following the completion of the criminal prosecution under the Health and Safety at Work Act 2015 in March 2024, on 10 June 2024 Coroner Marcus Elliott resumed coronial inquiries into the deaths caused by the eruption and opened two further inquiries in relation to people who died overseas. The inquiries are internationally and nationally significant.
In New Zealand, a coronial inquiry is an inquisitorial process to find out the facts of a death. It does not decide who is guilty of causing a death, or civil, criminal or disciplinary liability.
It aims to establish the truth of what occurred with a view to making findings and recommendations to prevent deaths in similar circumstances in the future. It cannot impose penalties, award compensation or determine guilt, civil or disciplinary liability.
There are about 100 Interested Parties related to these coronial inquiries. Many of these Interested Parties are the immediate whānau (family) of those who lost their lives. Under the Coroners Act 2006, immediate whānau hold Interested Party status as of right. The remaining Interested Parties have been granted Interested Party status by the Coroner.
The role of a Coroner
Coroners are like judges. They are qualified lawyers appointed as judicial officers to investigate unexpected, violent or suspicious deaths to find out what happened.
Coroners look at and decide the facts about a person’s death, including:
- that a person has died
- who the person was
- when and where the person died
- how the person died
- the circumstances around the death.
A Coroner may:
- start an inquiry to investigate a death, and to find out the cause and circumstances of that death; and
- make recommendations and comments that may help to prevent similar deaths in the future.
If a Coroner believes they need more evidence about the facts of a death, they can hold a hearing in court. This is called a coronial inquest. At a coronial inquest, a Coroner will hear from witnesses and consider evidence.
The powers that a Coroner has are defined under New Zealand law, in the Coroners Act 2006(external link)
The Coronial Process
The coronial process has a number of stages, and takes a trauma-informed approach, mindful of the wellbeing of bereaved families and survivors participating in it.
Investigation
This coronial process commenced on the day of the eruption, 9 December 2019, but was put on hold while the criminal proceedings were completed.
On 1 March 2024, the criminal prosecution concluded with the convictions and sentencing of:
- Whakaari Management Limited;
- White Island Tours Limited;
- Volcanic Air Safaris Limited;
- Aerius Limited; Kahu (NZ) Limited; and
- The Institute of Geological Nuclear Sciences Limited.
Whakaari Management Limited filed an appeal against its conviction. On 27 February 2025 the appeal decision of the High Court was released. Justice Moore allowed the appeal and quashed Whakaari Management Limited's conviction.
The coronial process recommenced on 10 June 2024, when Coroner Elliott issued a minute to those identified as Interested Parties.
Inquiry
In December 2019, coronial inquiries were opened into the deaths of 19 of the 22 people who lost their lives in the eruption on Whakaari-White Island on 9 December 2019. These inquiries resumed following the completion of the criminal prosecution. Coronial inquiries have subsequently been opened for two of the three people who died overseas after they were repatriated. Inquiries have therefore been opened in respect of 21 of the 22 deaths resulting from the eruption.
Scope of the Inquiry
Following submissions from Interested Parties and consideration of what issues have not been resolved by the criminal prosecutions, Coroner Elliott determined the scope of the inquiry. The Whakaari-White Island inquest will take place in two phases.
The first phase will begin with an opening in Whakatāne District Court on Friday 3 October 2025. It will then reconvene in Auckland on Monday 6 October 2025, where it will continue until its completion. The hearing time may be 6-8 weeks.
The second phase will take place in Auckland on a date to be fixed, in 2026. The date scheduled will allow sufficient time for interested parties, counsel, bereaved families and survivors to adequately prepare for the resumed hearing.
The first phase will address matters from the eruption on 9 December 2019 onwards. Broadly, those issues are:
a) The events of 9 December 2019
b) The emergency response.
c) Issues relating to those who were left on Whakaari.
d) Medical treatment.
e) The timing and location of the deaths.
f) The causes of the deaths and related issues.
The second phase will address matters preceding the eruption on 9 December 2019. Broadly, those issues are:
a) Regulatory oversight of tours to Whakaari.
b) Mitigation of risk.
c) Possible action following increases in risk.
d) Communication of risk.
e) Comments and recommendations.
Substantive Inquiry
Once the issues are determined, the substantive inquiry begins. The Coroner will identify and provide interested parties with further evidence about each issue and determine what, if any, further investigation and evidence is needed.
A significant amount of documentary and digital evidence has been gathered and assessed for relevance and sensitivity. Relevant evidence will be disclosed to Interested Parties through their lawyers, or on request if they do not have one.
Any information provided to Interested Parties cannot be shared further. Some evidence may be subject to non-publication orders under s 74 of the Coroners Act 2006, especially evidence which is particularly sensitive. There are also some non-publication orders of people’s names.
Findings
The Coroner can release interim findings, but will release full and final findings following the conclusion of an inquiry. Findings may include recommendations under section 57(3) of the Coroners Act 2006 directed at preventing deaths in similar circumstances in the future.