The owners of Whakaari Island have failed in a bid to have charges levelled against them in the wake of the deadly eruption tossed out of court.

In a decision announced this week, Judge Evengelos​ Thomas rejected defence claims that Andrew, Peter and James Buttle are being charged under 'defective” documents, and that their continuing to face charges will amount of 'an abuse of process”.

He says the defence claims are 'well short of establishing any bad faith on the part of WorkSafe”.

'I acknowledge more specific particulars are in the charging documents for other defendants, that does not mean the Buttle's documents are defective,” he says.

'The case against them is no [Health & Safety] steps were taken, that is the pith and essence of these charges.

'The application by the Buttles is dismissed.”

The Buttles had argued over two days of hearings at the start of October that WorkSafe made a 'deliberate decision to circumvent the law” in its prosecution, and sought to have the charges dismissed claiming 'it is still unclear what the case against them is”.

Defence lawyer David Neutze​ also told the court they 'have to guess what is alleged against them if you look at the charging documents”.

'If the charges aren't dismissed or at the very least amended, there will be significant prejudice against the Buttles.”

This, he said, left them in the position of potentially having to argue their clients' innocence.

'The onus of proof is reversed. . . it's as simple as that.”

The trial is set to begin on July 10, 2023, and is expected to last four months, with Judge Thomas saying the effects of the Covid-19 pandemic had made a 2022 trial impossible.

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.

-Benn Bathgate/Stuff.