Whakaari eruption prosecution to be livestreamed to second location

6:28 pm on 28 May 2021

Interest in the next court hearing for the Whakaari eruption prosecution is so high the Ministry of Justice will livestream to a second location.

Whakaari / White Island

Photo: Unsplash / Farrah Fuerst

The second Whakatāne location will be set up to cope with crowds of media and interested people from the community, who would otherwise be expected to cram the Whakatāne District Court to its limits.

The 13 companies and individuals charged by WorkSafe in connection to the deadly eruption will appear in court on 3 and 4 June for an administrative hearing at which several matters could be discussed, including the venue for future hearings and any trial or trials.

It is not known whether any pleas are likely to be entered.

Of those visiting the island on tours when it erupted 22 people were killed and 25 survived.

The hearing follows an adjournment from the Auckland District Court in March to give the defendants time to consider WorkSafe's case against them.

Judge Thomas said in his decision to adjourn the hearing to Whakatane that it was important for such matters to proceed as much as possible in the community the events occurred in.

Typically, hearings are held in the district a crime was allegedly committed. However, Whakaari Island does not fall within the boundaries of any district or regional council, instead is under the authority of the Minister of Local Government Nanaia Mahuta.

Judge Evangelos Thomas during the first court appearance of the 13 parties charged in relation to the Whakaari eruption disaster.

Judge Evangelos Thomas during the first court appearance of the 13 parties charged in relation to the Whakaari eruption disaster. Photo: RNZ / Dan Cook

The views of victims and people from the wider community should also be part of the hearing, Judge Thomas has said.

Local lawyer Roger Gowing was asked to act as a liaison, but told Local Democracy Reporting he could not comment on this.

Acacia House in Louvain Street - near the court - will be used as the second viewing location. Those watching the livestream must follow normal court protocol; they must follow the directions of court staff, turn phones off, and can't record audio or take pictures.

Those charged under the Health and Safety at Work Act 2015 are: Inflite Charters, ID Tours, Tauranga Tourism Services, White Island Tours, Whakaari Management and its directors James, Peter and Andrew Buttle, Kahu NZ, the National Emergency Management Agency, GNS Science, Volcanic Air Safaris and Aerius Ltd.

Two guides from White Island Tours died in the disaster; Hayden Marshall-Inman and Tipene Maangi, while two others were seriously injured.

Charges against helicopter tour companies such as Kahu NZ have caused anger in the community. Its director, Mark Law, is one of the pilots who helped rescue people from Whakaari after the eruption. He flew five people to safety.

A petition against the charges garnered over 100,000 signatures.

WorkSafe has previously stated it did not investigate the rescue and recovery of victims after the eruption. Rather, investigations centred on the actions of the parties during everyday operations. Alleged offending goes as far back as 2016.

A mihi whakatau (formal speech of welcome) will take place at 8.15am on 3 June. The hearing will start at 10am.

Ministry of Justice group manager Bruce Findlay said the hearing was open to the public but advised people arrived early to ensure they got a seat.

During the hearing the Whakatāne court would be operating as normal, he said. Other hearings will still go ahead, the public counter will remain open and, filing and Justice of the Peace services will continue.

no metadata

Local Democracy Reporting is a public interest news service supported by RNZ, the News Publishers' Association and NZ On Air.

Get the RNZ app

for ad-free news and current affairs