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High Court Justice Simon Moore said on Friday that while WML licensed tours of the volcano, there was nothing in these agreements that gave the company control of what was happening on the island day to day.

WML was the last to receive a verdict after six had pleaded guilty, while six more had their charges dismissed.

The case against WML was the largest action of its kind brought by New Zealand's regulator, Worksafe NZ, who said it acknowledged the High Court ruling and was considering whether to appeal.

At Friday’s sentencing hearing, Thomas was particularly scathing toward the shareholders of WML, the holding company for the island’s owners: Andrew, James and Peter Buttle, who he said had “appeared to have profited handsomely” from tours to the island, despite the company claiming no assets or a bank account to hold funds.

While conceding he could not make orders against the individual owners, he said the ruling did not relieve WML from its $636,000 fine or its share of the reparations for the victims and their families of $2.97 million.