A still taken from a tourist boat when Whakaari White Island erupted in December 2019. Photo / Supplied
A still taken from a tourist boat when Whakaari White Island erupted in December 2019. Photo / Supplied
A tourist booking agent involved in helping cruise ship passengers visit Whakaari/White Island has applied to have a WorkSafe charge laid in the wake of an eruption that killed 22 people in 2019 thrown out.
Auckland-based company ID Tours was one of 13 parties initially charged under the Health and Safety at Work Act 2015 following the tragedy.
The company applied to have its charge dismissed at a hearing in the Whakatāne District Court today.
Judge Evangelos Thomas has reserved his decision until tomorrow.
Forty-seven people were on the island, off the coast of Whakatāne, when it erupted on December 9, 2019. Twenty-two died from extreme burns and blast injuries. Most of the people on the island were international tourists.
Tourists are ferried off Whakaari White Island after the eruption. Photo / Michael Schade
Nine organisations, including ID Tours, face a charge under section 36 of the act for allegedly failing to ensure the health and safety of workers and others.
Counsel for ID Tours, David Neutze, told Judge Thomas Worksafe’s investigation was flawed and too broad.
He argued ID Tours was too removed from the tourist activities on the island to be held responsible.
Counsel for WorkSafe Kristy McDonald KC said ID Tours was an inbound tour operator and was an important link between cruise ship company Royal Caribbean, which docked at the Port of Tauranga, and White Island Tours.
McDonald said it was more than a ticketing agent and was required to be proactive in providing health and safety information. She said it had more than just an administrative role.
WorkSafe has laid charges against the island’s owner Whakaari Management Limited and its directors Andrew, James and Peter Buttle; GNS Science; White Island Tours Limited; Volcanic Air Safaris Limited; Aerius Limited; Kahu NZ Limited; Inflite Charters Limited; ID Tours New Zealand Limited; and Tauranga Tourism Services Limited.
All defendants have pleaded not guilty.
The three individuals are charged under section 44 of the act, which requires directors, or individuals with significant influence over a company to exercise due diligence that the company is meeting its health and safety obligations under the act.
A charge against the National Emergency Management Agency was dropped last year.
The four-month trial for the remaining defendants is set to take place from July 10 this year. A judge last month rejected GNS Science’s arguments for its charges to be trialled separately.
The Buttle family has owned the island since 1936.
The charges do not relate to the rescue operation after the eruption.
