Two charges
The artice that Jazz Hands linked to (see post 3) has a paragraph which states
The CAA says one of the charges against the pilot is unnecessary endangerment under section 44 of the Civil Aviation Act. If convicted, the offence carries a fine of up to NZ$10,000 ($7,930) or up to 12 months in jail, according to the CAA. It declines to specify the nature of the second charge.
Everyone so far seems to be running at the mouth about the first charge but perhaps it is the second which is actually going to cost the pilot.
In my opinion the only question about the first offence is "is contravening company operating procedures an offence under the quoted section of the act?" If the answer is YES then, sorry but ..... guilty (even if it makes no real sense). If the answer is NO then it'll be no contest and, I assume, won't even get to court.
As for why the pilot and not the copilot? Isn't the PIC the one who is responsible? Again an assumption but isn't the pilot (not necessarily the Captain) the PIC not the copilot (who may be the Captain).
I think I need a drink. This damned Mediterranean weather in UK at this time of year..................................