The owners of Whakaari / White Island have failed to have charges relating to health and safety breaches in the lead up to the 2019 eruption thrown out.
Three members of the Buttle family are charged as directors for failing in their duty to workers and tourists, and will face trial alongside a dozen other parties, in five weeks' time.
Their company, Whakaari Management, is also alleged to have failed its duty.
Judge Evangelos Thomas dismissed their application at a hearing of Whakatāne District Court sitting in Auckland on Tuesday.
In delivering his decision, Judge Thomas said the charges against the Buttles needed to be amended.
In part, this means WorkSafe is limited to the allegation that they failed to obtain expert advice that the guided tours were conducted safely.
Twenty-two people died as a result of the eruption
RNZ
