The venue for the trial into the health and safety failings leading up to the Whakaari/White Island eruption is still undecided.
Whakaari / White Island erupted on 9 December 2019, killing 22 people. Photo: Supplied / Lillani Hopkins
Today, Judge Thomas adjourned a court hearing set to decide the venue when he found the options provided to him and the counsel, through a Ministry of Justice report, impractical.
It came after WorkSafe prosecutor Kristy McDonald QC took aim at the venues suggested by the report which included SkyCity Theatre, the Vodafone Events Centre, Pullman Auckland and a Tauranga event centre.
"This is one of, if not the, most significant criminal trials to be held in the District Court in New Zealand.
"So it's in that context that the choice of venue is so important."
In December 2019, 22 people lost their lives after the volcanic island off the coast of Whakatāne erupted.
WorkSafe laid charges against 13 parties for health and safety breaches prior to the eruption.
Usually court trials are heard near where an incident occurred.
The ministry had suggested Te Mānuka Tūtahi marae, in Whakatāne.
McDonald raised concerns about the connection between the Ngāti Awa marae, and defendant White Island Tour - owned by a branch of the iwi.
"The venue must be independent of the parties to this case and events that occurred," McDonald said.
She believed the best venue would be an existing courtroom.
However, White Island Tours lawyer Richard Raymond QC told the court it was offensive to Ngāti Awa to suggest an "inappropriate connection" between the iwi, the suggested trial venue and the defendant.
"I see the point, it's not ideal...we haven't sought to shy away from that.
"But it's Your Honour which brings the dignity and solemnity and the formality to these proceedings. It's the court which ensures there is an impartial, fair system of justice."
Judge Thomas said he was considering opening and closing the trial at Te Mānuka Tūtahi marae, but holding the rest of the four-month trial at a more suitable venue.
He said the Ministry of Justice needed to find more suitable venues, before the hearing could continue.
Lawyer David Neutze, representing Whakaari Management Ltd, the Buttle family and ID Tours, told Judge Thomas he supported the idea of streaming the trial for Whakatāne residents, if it was not to be held in the Bay of Plenty town.
"This is going to very much be an AVL [audio-visual links] trial due to the number of witnesses located nationally and internationally.
"I would ask for a focus to be on Auckland venues, where we are most likely going to find a suitable place."
Judge Thomas said he would not recommend the ministry exclude Tauranga or Whakatāne from their continued search of possible venues.
The trial is set for July 2023.