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Supplied
The Whakaari White Island eruption as seen from a tourist boat. The 2019 eruption claimed 22 lives and left 47 people injured.
The charge levelled at ID Tours in the wake of the Whakaari eruption is “flawed” and should be dismissed.
That was the argument from ID Tours lawyer David Neutze at a hearing on Monday at Whakatāne District Court where he sought to have the charge tossed.
Neutze argued ID Tours was a “conduit” between overseas and New Zealand-based tour operators and had no direct connection to White Island Tours.
“There is no suggestion ID Tours should have been handing out safety information,” he said.
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“ID Tours’ work activity … is not the facilitation of tours on Whakaari … rather the facilitation of bookings.
“ID Tours’ work, actually, was too remote from tourists on Whakaari.”
Neutze said WorkSafe had attempted to “blur that and merge into other parties’ duties”.
He also said that Royal Caribbean tourists were not ID Tours customers.
STUFF
On the afternoon of Monday December 9, 2019 Whakaari White Island erupted while tours were in progress, killing 22 people and injuring 25.
“Clearly the passengers were Royal Caribbean customers … that’s clear from the summary of facts.”
He also said that for a tour ticket valued at $480, ID Tours would receive approximately $12.78, a fact he said was “reflective of the limited role”.
“WorkSafe is conflating roles … and imposing on ID Tours duties that were never expected under the Health and Safety at Work Act.”
In response, WorkSafe prosecutor Kristy McDonald told the court “the essence of this matter is the question of context”.
Tom Lee/Stuff
WorkSafe prosecutor Kristy McDonald, pictured outside the Whakatāne District Court at an earlier hearing, argued ID Tours could not dismiss their health and safety obligations.
She said ID Tours was “not a mere passive conduit … they were an integral part of the supply chain”.
“Far from having a passive role, ID Tours was required to be proactive … more than just a ticketing agent.”
McDonald also argued the defence position ignored the reality of how supply chain arrangements work in the tourism sector, and that if they succeeded in having their charges dismissed “any operator could distance themselves from Health and Safety [obligations]”.
She also said that without the tours, ID Tours “wouldn’t have work”.
“There is a case to answer … they did have the duty alleged.”
Judge Evengelos Thomas said he would make a ruling on the section 147 application – to have the charges dismissed – on Tuesday.
ID Tours faces one charge, that between August 1, 2018 and December 10, 2019, “being a PCBU [person conducting a business or undertaking] having a duty to ensure, so far as is reasonably practicable, that the health and safety of other persons, namely tourists on Whakaari, is not put at risk from work carried out as part of the conduct of the business or undertaking, namely the facilitation of tours on Whakaari, failed to comply with that duty, and that failure exposed an individual to a risk of death or serious injury arising from volcanic activity”.
The particulars of the charge allege ID Tours should have in place and implement a process for providing Royal Caribbean Cruises Ltd with appropriate safety information, and that they should consult and cooperate with Tauranga Tourism Services Ltd, also with regard to health and safety information provided to Royal Caribbean.
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