Rachael Reed KC, the lawyer acting for the Buttle family, owners of Whakaari/White Island, said owning the land "isn't enough" to merit a criminal conviction and damages in relation to the fatal eruption on the island in December 2019. In his March 1 judgment, Judge Evangelos Thomas sentenced five companies that managed tours on the volcanic island to reparations of $10.2 million. Whakaari Management, owned by Peter, James and Andrew Buttle, was fined $1.045m and another $4.55m in reparations to the victims and their families. Twenty-two visitors died in the eruption with another 25 injured. Reed said the appeal against the conviction didn't "diminish the family's sorrow at the tragedy", but that their role was only to give the right to access the island's walking tour site. "Worksafe miscast its case under [Health and Safety at Work Act 2015] Section 37 and it cannot stand in law", she said. The appeal, set down for three days from Tuesday, is being heard by Justice Simon Moore.
The Commerce Commission has warned Kogan Australia Pty Limited, which trades as Dick Smith, for likely misleading consumers, as their website automatically signed customers up for a $149 membership subscription.
The commission's competition, fair trading, and credit general manager Vanessa Horne said consumers are focused on their intended purchase when shopping online and should not have to watch out for being automatically signed up to a subscription through a pre-selected tick box.
“The pre-selection of the ‘First’ membership was not obvious on Dick Smith’s website, which meant it was unclear to consumers that they were signing up to a subscription.
“To avoid automatically subscribing, a customer would have to first recognise the tick box had been selected, which meant they were signed up, and then actively de-select the option."
The ComCom encouraged consumers to "keep a look out for sneaky subscriptions when shopping online," she said.