The family who own Whakaari/ White Island are seeking to have charges against them dismissed.
The Buttle family was one of 13 parties WorkSafe charged with breaching the Health and Safety at Work Act, after the volcano's fatal eruption two-and-a-half years ago.
Lawyer David Neutze, representing the family, told the Whakatāne District Court today that they were proceeding with an application to have the charge dismissed.
A hearing on the case has been scheduled for October.