The defendant failed to:

• Ensure adequate risks assessments of the activity of conducting tours on Whakaari had been undertaken;
• Monitor and review known hazards of Whakaari when there is a change in volcanic alert level and/or the issuing of a volcanic alert bulletin;
• Ensure booking confirmation, pre-activity information and tour description information provided sufficient detail regarding the hazards and risks, including the risks posed to tourists from volcanic activity, so tourists could make an informed decision prior to commencing their tour;
• Not facilitate tours unless appropriate controls have been implemented or installed to mitigate the risk of death or serious injury from volcanic activity, including:
  • Appropriate emergency response planning, including facilities that would sufficiently mitigate risk from volcanic activity and adequate means of evacuation
  • The provision of appropriate personal protective equipment to tourists.
• Consult, co-operate and co-ordinate with the PCBUs that conducted tours on Whakaari for Inflite Charters Limited passengers as to the hazards and risks posed to tourists from volcanic activity.