Council welcomes dismissal of WorkSafe case
STATEMENT
31 January 2025
Rotorua Lakes Council is pleased by the decision to dismiss a charge filed against the council by WorkSafe NZ following an incident in July 2022 in which a tourist fell into a geothermal sinkhole.
A woman sustained serious injuries after the sinkhole, or fumarole, unexpectedly opened at the entrance of Whakarewarewa Village. A man also suffered moderate injuries assisting her.
In October 2023, WorkSafe NZ charged the council with failing in its duty and exposing an individual to risk of death or serious injury. The charge was dismissed by Judge Hollister-Jones in the Rotorua District Court today.
Rotorua Lakes Council chief executive Andrew Moraes says Council is pleased the charge has been dismissed.
Council co-operated fully with the investigation but had always maintained such geothermal incidents cannot be predicted or prevented.
“They are truly accidents, and Council was not responsible for this incident.
“We have a proactive road maintenance programme, but it was our strongly held view in this case that - due to unpredictable geothermal activity in the area - there were no practical measures Council could have taken to predict the formation of the fumarole and prevent this unfortunate incident from happening.
“It is important to remember that this incident affected two individuals and our thoughts are with them and their family.”