More parties have pleaded guilty to charges relating to the 2019 Whakaari/White Island disaster, just days before the trial.
Kahu New Zealand Limited, Volcanic Air Safaris Limited, and Aerius Limited each entered guilty pleas this afternoon.
Judge Evangelos Thomas made a point of acknowledging "those who suffered so greatly and those who continue to suffer so greatly" at the beginning of today's hearing at Auckland District Court. "Our thoughts continue to be with you," he said.
The charges are focused on alleged health and safety failures before the fatal December 9, 2019 eruption, which killed 22 people and left 25 others with serious injuries. They come under the Health and Safety at Work Act 2015.
The charges are being brought by WorkSafe and none of them are to do with the eruption itself or the events that followed.
Just three days out from trial, the companies pleaded guilty to health and safety charges. (Source: 1News)
It comes after NEMA had its charges dismissed in March this year, Inflite Charters — which promoted and sold subcontracted tours to Whakaari — pleaded guilty in March this year and the Institute of Geological and Nuclear Sciences (GNS) pleaded guilty in May this year.
White Island Tours pleaded guilty last month.
The remaining six defendants will face a marathon months-long trial starting next week.
The three companies that pleaded guilty today faced two charges each.
The offences were "failing to comply with a duty to ensure the health and safety of workers so far as is reasonably practicable" and "failing to comply with a duty to ensure so far as is reasonably practicable the health and safety of other persons was not put at risk".
Kahu New Zealand
Helicopter pilot Mark Law, awarded the New Zealand Bravery Star last year for his heroic acts on the day of the eruption, owns Kahu NZ.
"He was the first helicopter pilot to land in the attempt to rescue victims, with complete disregard for his own safety," then-Prime Minister Jacinda Ardern said at the time of the award.
Law has previously said that he feels he's been labelled a criminal by WorkSafe.
Again, the charges are focused on alleged health and safety failures before the fatal December 9, 2019 eruption, not on the day.
While Law welcomed the investigation, he said what happened after the eruption should also be included.
Kahu NZ wasn't on the island when the eruption happened.
Kahu NZ pleaded guilty to two charges and face a maximum fine of $500,000 for each charge.
Volcanic Air Safaris
Volcanic Air Safaris is a Rotorua-based scenic flight and air tour company. The company is in liquidation.
One of the people who died was a customer of Volcanic Air Safaris.
WorkSafe said it was "reasonably practicable" for them to conduct adequate risk assessment of tours, including by consulting with GNS Science on an ongoing basis. It was also "reasonably practicable" for them to provide appropriate PPE to workers and tourists.
WorkSafe also said the company should have ensured booking confirmations, pre-activity information and tour description information included appropriate detail of the risks.
Volcanic Air Safaris pleaded guilty to two charges and face a maximum charge of $1.5 million for each charge.
Aerius Limited
Aerius was a Te Puke-based helicopter company. They announced their closure in late 2020.
It was "reasonably practicable" for the company to consult with GNS on an ongoing basis about relevant hazards and risks, and to provide appropriate PPE to workers and tourists, WorkSafe said.
They also should have ensured booking confirmations, pre-activity information and tour description information included appropriate detail of the risks, WorkSafe said.
Aerius pleaded guilty to two charges and face a maximum fine of $500,000 for each charge.
'What this means for next week'
Judge Thomas noted that the pleas came on "the last working day before the start of our trial".
"The landscape of the trial is now far different than it was yesterday," he said today.
"WorkSafe needs to readjust, as do the remaining defendants.
"We are all very conscious that a lot of people have waited a long time to get to this day and we do not want to disrupt the proceedings unless we have to," Judge Thomas said.
"Everyone's working as hard as they can to ensure we are working towards a meaningful start to the trial."
The trial begins next week.
WorkSafe acknowledges the pleas
In a statement, WorkSafe acknowledged today's development.
"The survivors, and the family and whānau of those who passed, will be in many people's thoughts today.
"Whakaari was an absolute tragedy, and we remember everyone who was impacted," WorkSafe chief executive Phil Parkes said. "These pleas acknowledge the processes that should have been in place to look after people's health and safety on the day Whakaari erupted."
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