WorkSafe New Zealand has laid charges over a bus crash near Gisborne last year that killed three people visiting from Tonga.
Ritchies Transport Holdings Ltd (Ritchies Coachlines), and the driver of the bus, now face being held criminally liable over the crash.
WorkSafe launched an investigation following the crash, and according to local reports, the charges relate to national Health and Safety regulations.
The Gisborne Herald reports the charges were laid by WorkSafe at the Waitakere District Court on December 21 2017, just days before the one-year anniversary of the crash on State Highway 2, south of Gisborne.
The bus was carrying 53 people from Tonga's Mailefihi Siu'ilikutapu College brass band when it plunged down the bank at about 10.30pm.
Sione Taumalolo, 11 died along with Talita Fifita, 33 in the bus crash near Gisborne on Christmas Eve. Photo: Supplied
Eleven-year-old Sione Taumalolo, and Talita Moimoi, 33, were killed.
The band's head tutor Leotisia Malakai, 55, described by her cousin Sinai Meafoou as a "beautiful and kind-hearted lady", died eight days later of head and internal injuries.
Leotisia Malakai, 55, died on New Year's Day, a week after she was injured in a bus crash near Gisborne. Photo: Supplied / Hepi Havea
College prefect Tevita Lokotui, who played tuba in the school band, lost his left leg at the knee as a result of the crash.
Siokatame Tupou, the brass band's conductor, was also seriously injured.
The band was in New Zealand as part of a fundraising trip and was travelling to perform at Gisborne's Wesley Methodist Church on Christmas Day.
Ritchies' depot manager for its West Auckland division, Tim Briscoe, said he was aware of the charge but wouldn't comment about the case while it was before the courts.
The charge relates to work carried out at the West Auckland depot in Swanson between April 4, 2016, and December 25, 2016.
A WorkSafe spokesperson said one party had been charged under section 36(2) of the Health and Safety at Work Act. The section states that a person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.
WorkSafe said it has now completed its investigation into the crash.
Ritchies will first appear in the Waitakere District Court on February 19.
The driver, Talakai Aholelei, 65, was also charged in April last year with three counts of careless driving causing death and 27 of careless driving causing injury.
After initially pleading not guilty, he changed his pleas in the Auckland District Court on October 6 last year in front of his many supporters, including crash victims.
He will be sentenced this month in the Waitakere District Court.