Application to dismiss charge — duty to ensure health and safety of staff — volcanic eruption — Health and Safety at Work Act 2015, s 36 — WorkSafe New Zealand v National Emergency Management Agency [2022] NZDC 8020. The defendant was facing charges under s 36(1) of the Health and Safety at Work Act, that it had failed to ensure the health and safety of its workers; and under s 36(2) of the Act, that it had failed to ensure the safety of other persons. The charges arose from the Whakaari eruption in 2019. The defendant applied to dismiss the charge under s 36(2), arguing that the prosecution would not be able to prove the charge. WorkSafe did not oppose the GNS application, based on the Court's earlier ruling in respect of NEMA, and offered no evidence. The charge was dismissed. Judgment Date: 6 October 2022.