A WorkSafe case against the Rotorua Lakes Council alleging it was at fault when a tourist slipped into a geothermal sinkhole near Whakarewarewa Village and suffered serious injuries has been dropped.

The case has been before the Rotorua District Court since the council was chargedin 2022 but on Friday last week when the case was called again, WorkSafe’s lawyer, Rachael Woods, said it would not offer any evidence.

Judge Gregg Hollister-Jones granted an application put by the council’s lawyer, Drisana Sheely, to dismiss the charge against the council.

The council was charged with failing in its duty and thereby exposing an individual to the risk of death or serious injury. The charge carries a maximum fine of $1.5 million.

Two people named in the charging document as alleged victims have name suppression.

The charge related to alleged offending between July 16, 2022 and July 29, 2022.

The offence description alleged the council, having a duty to ensure, as reasonably practicable, that the health and safety of other people, namely tourists at the Whakarewarewa Thermal Village on Wahiao Dr, was not put at risk as part of its business or undertaking, namely maintaining and servicing public roads, failed to comply with the duty. It further said that failure exposed others to a risk of death or serious injury.

The charging document said it was reasonably practicable for the council to have done three things. These included ensuring an adequate assessment of the site was carried out, including involving a geothermal expert, appropriate testing and inspection of the site and surrounding area; ensuring the site was adequately monitored following the site visit on July 19, 2022; and fencing the site to prevent access while testing and monitoring was carried out.

Media reported at the time a woman was seriously injured in July 2022 after a fumarole, or sinkhole, opened at the entrance of Whakarewarewa Village, past the bridge over Puarenga Stream.

It was reported at the timea man received moderate injuries while trying to pull a woman from the sinkhole.

Fumaroles are openings in the Earth’s surface that emit steam and volcanic gases, such as sulphur dioxide and carbon dioxide.

The council responds

In a statement, Rotorua Lakes Council chief executive Andrew Moraes said he was pleased the charge had been dismissed.

Moraes said the council co-operated fully with the investigation but had always maintained such geothermal incidents could not be predicted or prevented.

“They are truly accidents, and the council was not responsible for this incident.

“We have a proactive road maintenance programme, but it was our strongly held view in this case that - due to unpredictable geothermal activity in the area - there were no practical measures the council could have taken to predict the formation of the fumarole and prevent this unfortunate incident from happening.

“It is important to remember that this incident affected two individuals and our thoughts are with them and their family.”

Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.