Investigator said helicopter firms shouldn’t be charged
The WorkSafe inspector who investigated helicopter companies after the Whakaari/ White Island tragedy did not believe they should have been prosecuted, and felt so concerned about changes to his findings that he gave evidence against his former employer.
The inspector, Paul Patterson, felt the prosecution had been pre-determined. He lost faith in WorkSafe, and later resigned.
can now reveal the extent of Patterson’s concerns, what occurred over the lengthy investigation, and how two pilots, awarded for heroism for their actions after the eruption, feel let down and angry at the justice system and WorkSafe.
Twenty-two people died and 25 were injured, many suffering severe burns, when Whakaari/White Island erupted on the afternoon of December 9, 2019.
WorkSafe conducted a wide-ranging investigation after the event, looking into the conduct of parties whose work related to and included activities on the island, and if they had met their duties as required under the law. The investigation led to 13 parties being charged. Six of those pleaded guilty, one was found guilty after a trial, and the other six had charges dismissed.
The investigation was the largest WorkSafe had ever undertaken, and the organisation wanted its best investigators on the job.
The organisation tasked Patterson, who is based in Taranaki and has expertise in aviation, particularly helicopters, with investigating aviation companies that fell within the scope of the investigation – Volcanic Air Safaris Ltd (VASL), Aerius Ltd, Kahu NZ Ltd, and Inflite Charters Ltd.
The wide investigation looked into the companies’ operations in relation to Whakaari, but not their actions on the day of the eruption.
Patterson’s role came to focus on VASL in particular, with fellow investigator, Michelle
Kedian, taking the lead on investigating the other companies. The pair worked closely together and conferred regularly.
Patterson reported to his manager, Paul West, who in turn reported to Second in Charge of Operation White Island, Casey Broad, who reported to Officer in Charge, or the “Chief Inspector”, Hayden Mander. Patterson provided regular reports to West on his findings.
It was arduous, intensive work that typically involved 12-hour days, five days a week, from January 2020 until early October 2020.
Patterson’s final 53-page report was submitted on September 22, 2020.
What occurred over the following weeks and months led him to lose all confidence in his employer, to resign from WorkSafe, and, most astounding of all, to provide evidence for the helicopter companies contesting the charges laid by his former employer.
Patterson declined to speak to The following is taken from a sworn and signed affidavit provided by him to the court.
Patterson said his completed report reflected his view that the aviation operators had impressive health and safety processes and procedures, and that his investigation “did not reveal much of concern”.
He did not believe that charges should have been laid against VASL, and said his investigation and report addressed all the concerns that were later the subject of charges laid against the company.
He said the company had adequately assessed the risk that Whakaari could erupt, had consulted appropriately with GNS about the hazards and volcanic activity on the island, had provided clients with sufficient information concerning hazards and risks of touring the island, and had an appropriate emergency response plan.
In fact, Patterson was so impressed with VASL’s safety management practices and procedures he said he considered them an “exemplar of best practice”.
Eleven days after filing his final report, he received an email from West. Attached was a revised version of his report. It was 26 pages long – half the size of the report he filed. At its foot was Patterson’s electronic signature.
“When I opened the attached document, it was immediately clear to me that my report had been significantly altered from the version I had submitted to Mr West,” Patterson said in his affidavit.
Much of the information and analysis had been removed, including the positive information about VASL “meaning the altered version lacked fairness and balance”.