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Venue for trial over White Island volcano eruption still undecided

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Justice Evangelos Thomas adjourned a special hearing in Whakatane District Court to decide the venue for a negligence trial related to White Island volcano's eruption in December 2019.

Passengers from Ovation of the Seas were on a day trip to the island when the volcano erupted. Many died and others suffered horrific burns.

Trial in 2023

The trial, which is expected to run for four months, was set for July 10, 2023, when the COVID-19 pandemic ruled out 2022.

Tuesday’s hearing was to decide on the trial’s venue, but Thomas found the options provided by the Ministry of Justice impractical.

He said the Ministry needs to find more suitable venues before the hearing continues.

‘Most significant’

‘This is one of, if not the, most significant criminal trials to be held in the District Court in New Zealand,’ WorkSAFE prosecutor Kristy McDonald QC said.

‘So it is in that context that the choice of venue is so important,’ McDonald said. 

‘This is going to very much be an AVL (audio-visual links) trial due to the number of witnesses located nationally and internationally,’ David Neutze, the lawyer representing the owners of White Island and ID Tours, said.

‘I would ask for a focus to be on Auckland venues, where we are most likely going to find a suitable place,’ Neutze said.