File image. Photo: GNS
Charges against two booking agents accused of health and safety failings in the Whakaari / White Island trial have been dismissed.
The companies, ID Tours and Tauranga Tourism Services, made submissions in the Auckland District Court last week.
It is the second time ID Tours has made an application to have its charges thrown out, after failing to do so back in March this year.
Thirteen parties were originally charged by WorkSafe in November 2020 with health and safety failings and in the lead up to the trial, six organisations pleaded guilty and another had a charge dismissed.
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 be applied to her client too.
Both she and Neutze were critical of the charging document, which alleges 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.
The island's owners - Andrew, Peter and James Buttle - also had charges against them dismissed, but their company, Whakaari Management Limited (WML), still faces charges.
The brothers had been individually charged as directors of WML for health and safety failings ahead of the volcanic eruption in December 2019 that killed 22 people.
Judge Evangelos Thomas made the decision to throw out the charges on 5 September, saying in the Auckland District Court it was about whether there was enough evidence to continue with the charges at this stage.
"There is no evidence in this case of what happened behind the board room door at WML, he said. There is no evidence of what discussions there may have been among the Buttles that touches on their circumstances and their responsibilities.
"Without that evidence I can not assess what a reasonable director would have done."