Mark Law on Jacinda
A fascinating article by Mark Law at Newsroom. He writes:
Following the eruption at Whakaari / White Island on December 9, 2019, I entered the world of WorkSafe and lawyers, which did not come to an end until 2024. …
WorkSafe was prosecuting Kāhu for taking tourists to Whakaari as part of our general business, yet no victim of my company’s actions was ever identified in the prosecution, either of staff or clients, because no-one suffered injury on any of our trips.
The irony was that the one day when I did not take ‘reasonably practicable steps’ to protect my staff was the day of the eruption.
On that day I asked Jason and Tom to land on the island in a situation where I knew I was placing their lives at risk. I did that because I knew I couldn’t talk them out of landing, and wouldn’t have been able to stop them because, like me, they knew we had to get those badly injured people off the island as soon as we could, if they were to have a chance of survival.
In asking them to land it is beyond question that I put the lives of Jason and Tom at risk.
They acted on instinct and saved multiple lives. 12 people are alive today because the pilots risked their own lives in amazing feats of bravery.
But WorkSafe made no enquiry about my actions on that day at all — and did not charge me or the company for my actions as a director of the company on that day. After we finally pleaded guilty to save the drain on my and the company’s resources, the WorkSafe press release illogically said, “WorkSafe did not investigate the rescue and recovery of victims following the eruption. On those matters, no enforcement action has been taken.”
The two charges were laid under provisions of the Health and Safety at Work Act 2015, which carried penalties for each charge of $1.5 million.
So they were not prosecuted for saving the lives. They were prosecuted because in the past they had flown people there, on trips where no one was ever injured.
Then Prime Minister Jacinda Ardern released a statement on the day the civilian bravery awards were announced. It read, “The actions of the pilots at Whakaari/White Island on 9 December 2019 were selfless and extraordinary. They have our deepest respect and gratitude for putting their lives at risk for others. If not for their collective actions, the loss of life would have been even greater.
“Among the pilots named was Mark Law, who was awarded the New Zealand Bravery Star, the country’s second highest bravery award. He was the first helicopter pilot to land in the attempt to rescue victims, with complete disregard for his own safety. He took active charge in coordinating the rescue effort by the other helicopter pilots, solely undertook the initial sweep for survivors in the crater and identified appropriate landing zones for the other pilots.
Again, total heroism.
For both Tim Barrow and I one of the more memorable events related to the decision to prosecute occurred at a formal commemoration event held at the principal Ngāti Awa marae at Whakatāne.
Tim recounts that event. “At the time Mark and I were both feeling pretty bruised at our companies being charged. Each of us was proud of our operations and the safety standards we met which we had conscientiously developed over many years. Yet here we were being publicly vilified as criminals by WorkSafe’s decision to prosecute.
“We attended the commemoration event out of respect for those who had suffered in the eruption. Many dignatories were present, including the Prime Minister.
“Afterwards Mark and I were seated together having a cup of tea when the Prime Minister spotted us, or probably more accurately Mark, and came over and sat next to us. She immediately gushed that every time she thought about the prosecution she thought about us, and then she said, ‘I really feel for you. I know just how you feel because two of my Government’s departments are being prosecuted as well.’
“I think we were both so stunned nothing was said by us, and she moved off.
“As she did so, Mark turned to me and asked, ‘Did I really hear what I thought I just heard?’”
The kindest thing you can say it was an honest attempt to show empathy. But comparing two government agencies being prosecuted, to someone whose own company was facing $1.5 million fines was clumsy, to put it mildly. If DOC gets fined, the PM doesn’t lose a cent.