One of New Zealand's largest transport companies has been charged after its bus careened down a 100-metre bank near Gisborne on Christmas Eve 2016, killing three and injuring dozens more.

The Herald can reveal that Ritchies Transport Holdings Ltd (Ritchies Coachlines), along with the driver of the bus, now faces being held criminally liable over the crash.

The charges were laid by WorkSafe at the Waitakere District Court on December 21, just days before the one-year anniversary of the crash on State Highway 2, south of Gisborne.

The bus was carrying 53 people from Tonga's Mailefihi Siu'ilikutapu College brass band when it plunged down the bank about 10.30pm.

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Eleven-year-old Sione Taumalolo, and Talita Moimoi, 33, were killed.

The band's head tutor Leotisia Malakai, 55, described by her cousin Sinai Meafoou as a "beautiful and kind-hearted lady", died eight days later of head and internal injuries.

Sione Taumalolo, 11, and Talita Moimoi, 33, died in the Christmas Eve crash. Photos / Supplied
Sione Taumalolo, 11, and Talita Moimoi, 33, died in the Christmas Eve crash. Photos / Supplied

Tevita Lokotui, a prefect at the college who played tuba in the school band, also lost his left leg at the knee as a result of the crash.

Siokatame Tupou, the brass band's conductor, was also seriously injured.

The band was in New Zealand as part of a fundraising trip, and was travelling to perform at Gisborne's Wesleyan Methodist Church on Christmas Day.

This photo was taken at the scene on the night of the crash. Photo / Facebook
This photo was taken at the scene on the night of the crash. Photo / Facebook

Ritchies' depot manager for its West Auckland division, Tim Briscoe, said he was aware of the charge but wouldn't comment about the case while it was before the courts.

The charge relates to work carried out at the West Auckland depot in Swanson between April 4, 2016, and December 25, 2016.

A WorkSafe spokesperson said one party had been charged under section 36(2) of the Health and Safety at Work Act.

The section states that a person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

WorkSafe said it has now completed its investigation into the crash.

Ritchies will first appear in the Waitakere District Court on February 19.

The driver, Talakai Aholelei, has admitted 27 counts of careless driving causing injury and three counts of careless driving causing death. Photo / Michael Craig
The driver, Talakai Aholelei, has admitted 27 counts of careless driving causing injury and three counts of careless driving causing death. Photo / Michael Craig

The driver, Talakai Aholelei, 65, was also charged in April last year with three counts of careless driving causing death and 27 of careless driving causing injury.

After initially pleading not guilty, he changed his pleas in the Auckland District Court on October 6 last year in front of his many supporters, including crash victims.

He will be sentenced this month in the Waitakere District Court.

A memorial service was held for Sione Taumalolo and Talita Moimoi on December 29, 2016. Photo / Nick Reed
A memorial service was held for Sione Taumalolo and Talita Moimoi on December 29, 2016. Photo / Nick Reed