The owners of a New Zealand volcano that erupted in 2019, killing 22 people, appeal their conviction

WELLINGTON, New Zealand (AP) — The owners of an island volcano in New Zealand that erupted in 2019, killing 22 people, launched an appeal on Tuesday against their criminal conviction for violating safety laws, arguing that tour operators — rather than their company — were responsible for the safety of visitors to Whakaari, also known as White Island.

Whakaari Management, a company owned by brothers Andrew, Peter and James Buttle, was found guilty last October of a charge brought by New Zealand’s workplace safety regulator of failing to protect visitors to the island. It was ordered to pay millions of dollars in fines and restitutions to victims of the volcanic eruption, who were tourists from a cruise ship, and their local guides.

The company in March filed an appeal. On Tuesday, lawyer Rachael Reed told the High Court in Auckland that the trial judge had erred when he ruled the volcano’s owners were the managers or controllers of a workplace under the law — and were therefore responsible for mitigating health and safety risks to anyone present.

The company only granted access to the volcano, Reed said, and expected the tour operators to manage the safety of tourists there.

“Just like any landowner, it had the ability to and did grant the right of access to the land through licenses. That is what it did,” she told the court, referencing the company. “It did not run the tours. It did not direct or supervise the tours.”

White Island, the tip of an undersea volcano also known by its Māori name Whakaari, was a popular tourist destination before the eruption. There were 47 tourists and tour guides — mostly from the U.S. and Australia — on the island when superheated steam blew, killing some people instantly and leaving others