Application to dismiss charge — duty to ensure health and safety of others — volcanic eruption — supply chain model — person conducting a business or undertaking — Health and Safety at Work Act 2015, s 36 — Criminal Procedure Act 2011, s 147 — WorkSafe v National Emergency Management Agency [2022] NZDC 8020. The defendant was facing a charge under s 36(2) of the Health and Safety at Work Act (the Act), that the health and safety of other persons was put at risk as a result of work carried out as part of the defedant's business. The charge arose from the Whakaari eruption of 2019. The allegation was that the defendant, as part of the supply chain offering tours, had a duty that extended beyond its own workers and workplaces to the tourists who made it to the island. The defendant applied under s 147 of the Criminal Procedure Act for the charge to be dismissed, arguing that its work activity was complete before any tourist reached the island and as such no duty was owed. The Court held that the defendant company held itself out as performing health and safety-related tasks when applying to the Cruise line that offered the tours. While the Act did not address duties as they would apply to a supply chain scenario, the Court highlighted the purpose of the Act to protect workers and workplaces. The Court interpreted "person conducting a business or undertaking" to include the defendant, and the application to dismiss the charge was refused. Judgment Date: 14 March 2023