Whakaari / White Island. Photo: Supplied/ University of Canterbury
The long-running Whakaari / White Island trial against companies and individuals accused of health and safety failings in the lead-up to the deadly eruption is now down to one defendant.
Two booking agents have had the charges against them dismissed in the Auckland District Court, leaving just the company that manages the island, Whakaari Management, standing trial.
WorkSafe originally charged 13 individuals and companies in 2020, for health and safety failings ahead of the volcanic eruption in December 2019 that killed 22 people.
Six have now had their charges dismissed and six have pleaded guilty.
Judge Evangelos Thomas. Photo: RNZ / Nick Monro
Tuesday's decision came just a week after charges against the three owners of the Island - the Buttle brothers - were dismissed.
Judge Evangelos Thomas said neither companies owed a duty to the tourists on Whakaari under the Health and Safety at Work Act.
"Neither Tauranga Tourism nor ID Tours had workers on Whakaari, it was never their workplace. They did not influence or direct the workers of the tour operators in the carrying out of their work."
Judge Thomas said if the two companies had been facilitating the tours, they would have been responsible for delivering the safety information - but that was not the case here.
"Had the operation not been so large as to require a supply chain, had it been a single entity dealing with consumers and providing the tour, that entity would owe duties including the provision of safety information to consumers at point of sale."
Both ID Tours and Tauranga Tourism Services acted as middlemen - managing bookings and logistics between the tour operator White Island Tours and passengers from the Royal Caribbean cruise ship.
Earlier, WorkSafe argued that both companies failed to consult with others in the supply chain to ensure that tourists received the safety information they needed.
WorkSafe opposed the dismissal of charges against the companies.
Lawyer for ID Tours David Neutze said he and the booking agent were relieved at the outcome.
"We believe that the decision is correct and had previously argued that ID Tours, because of its limited role, did not owe the duties alleged.
"But it has been a very long and difficult two-and-a-half-years to be facing this charge."
ID Tours' lawyer David Neutze said in submissions to the court last week WorkSafe's case was confusing and conflicting.
"Even after six or seven weeks of evidence and at the end of the prosecution case, my submission is it's still entirely unclear what the 'appropriately detailed and up-to-date health and safety information about tours on Whakaari' ID Tours was legally obliged to provide to Royal Caribbean," Neutze said.
"A big hole in the prosecution evidence is that we have no evidence from Royal Caribbean about what their requirements were."
Tauranga Tourism Services' lawyer Sarah Wroe submitted that many of Neutze's comments could also be applied to her client.
Representing ID Tours, lawyer David Neutze. Photo: NZ Herald / Jason Oxenham
Both she and Neutze were critical of the charging document, which alleged they did not work with each other and White Island Tours to get appropriate and up-to-date health and safety information about tours on Whakaari and ensure it was given to Royal Caribbean cruise passengers.
"It is very vague and loose, and I highlight that by reference to the 'appropriately detailed and up-to-date health and safety information', whatever that might be," Neutze said.
This month, the island's owners - Andrew, Peter and James Buttle - had charges against them dismissed, but their company, Whakaari Management, still faces charges. The brothers had been individually charged as directors for health and safety failings ahead of the deadly volcanic eruption.
Judge Thomas made the decision to throw out the charges on 5 September, saying there was not enough evidence.
WorkSafe was expected to give its closing statements next week.
