The trial venue for the companies and individuals charged in the wake of the Whakaari/White Island eruption has yet to be decided and a Ministry of Justice report into possible venues was criticised as 'derisory”.

The venue for the trial, which is expected to last four months and to start in July 2023, was set to be decided at a virtual meeting on Tuesday.

However, WorkSafe prosecutor Kristy McDonald took aim at the venues suggested by the report, and the document itself.

'A fairly derisory attempt by the ministry to find a suitable venue.”

McDonald also said it was 'extraordinary and a rather sad indictment of matters that seemingly no court in New Zealand can accommodate.”

She also said the trial would likely be 'the most significant trial to be held in the District Court” and would attract significant national, and international attention.

Venues suggested in the Ministry of Justice's property group report included Sky City, the Vodafone Events Centre, the Auckland Pullman and the Tauranga Events Centre.

'The question as to the particular venue is an important one,” McDonald said.

'This will be a very emotional and distressing hearing, I don't think that can be underestimated.”

McDonald said the venue would also need to have an adequate IT infrastructure, something she said was not addressed properly in the ministry report.

She also took aim at the suggestion the Te Mānuka Tūtahi Marae in Whakatāne be used, citing the fact Ngati Awa owns one of the defendants, White Island Tours.

'It is not a neutral venue.”

David Neutze​, defence lawyer for Whakaari owners the Buttle brothers and Whakaari Management Ltd, agreed more work needed to be done to locate a suitable venue, and suggested an Auckland focus.

'Where we're most likely to find a suitable venue.”

White Island Tours lawyer Richard Raymond QC hit back at McDonald's criticism of the marae as a venue, telling the court 'to Ngati Awa frankly it's offensive”.

'You can't get a more solemn venue than a marae,” he said.

Judge Evengelos Thomas said he would ask the Ministry of Justice to make further enquiries, and also raised the possibility of the trial opening at Whakatāne District Court before shifting.

He also said it would be 'premature at this point to say when we can reconvene”.

The location of the trial has been subject to legal debate between lawyers representing the defendants, and a report from court-appointed lawyer Roger Gowing, obtained by Stuff, revealed concerns over 'adverse psychosocial impacts on the community” if it was held in Whakatāne.

The December 9, 2019 eruption took place while 47 people were on the island, leaving 22 dead and the remaining survivors with severe or critical injuries.

The event also led to WorkSafe filing numerous charges against a total of 13 individuals and organisations.

Some charges date back to April 4, 2016, and most relate to individuals and companies in their capacity as a person conducting a business or undertaking.

Fourteen of the charges have a maximum penalty of $1.5 million in fines.

Details of the charges were spelt out across 19 pages of charging documents.

WorkSafe filed a total of 20 charges against various people or groups: Whakaari owners Andrew, James and Peter Buttle and Whakaari Management Ltd, the Institute of Geological and Nuclear Sciences, the National Emergency Management Agency, White Island Tours, Volcanic Air Safaris, Aerius Ltd, Kahu NZ, Inflite Charters, ID Tours New Zealand and Tauranga Tourism Services.

The Buttles are alleged to have failed with due diligence duties, including failure to acquire and keep updated knowledge of work health and safety matters and failure to gain adequate understanding of the hazards and risks associated with access to Whakaari.

Their company, Whakaari Management Ltd, is also alleged to have failed its duty to workers and tourists, including ensuring 'an adequate means of evacuation from Whakaari”.

The Institute of Geological and Nuclear Sciences is alleged to have failed to ensure the safety of pilots travelling to and remaining on the island.