'Chequebook justice' not OK in NZ, says Pike River lawyer

November 24, 2017

Nigel Hampton QC says the payout of $3m to victim's families to make charges go away was a dangerous precedent to set.

The lawyer acting on behalf of the Pike River families has hailed a Supreme Court decision ruling that WorkSafe's decision to withdraw prosecution of mine boss Peter Whittall, in exchange for payments to the victims' families, was unlawful.

Sonia Rockhouse and Anna Osborne, who lost her husband, went to the Supreme Court, appealing against a decision to refuse a judicial review of the decision by WorkSafe to drop the charges against Mr Whittall.

WorkSafe laid 12 health and safety charges against Mr Whittall, but they were dropped after more than $3 million was paid to the victims' families.

Nigel Hampton QC, speaking this morning to TVNZ 1's Breakfast programme, said the decision was an important precedent both for the families and New Zealand's legal system.

"It's a demonstration that principle does win in our criminal justice system," Mr Hampton said.

"Accountability for a public wrong shouldn't depend on the means of the defendant.

"If you allow that to happen it undermines the rule of law, it opens the way for a corrupt system if you can pay your way out - chequebook justice."

Worksafe Chief Executive Nicole Rosie yesterday said the ruling clarifies the approach the regulator should have taken, and will take in the future in such circumstances.

"We hope this decision will bring some relief to the families and we will be seeking a meeting with them shortly to discuss the decision," Ms Rosie said.

"As a result of the families' commitment to their loved ones, New Zealand has new health and safety legislation and a regulatory unit focused on high hazard activities. There is now far greater recognition and commitment to health and safety across the country," she said.

Mr Hampton said re-entry of the mine's drift area could also uncover more evidence which could lead to the re-opening of a Police investigation.

"From a forensic perspective, I think that recovery of that drift may lead to further evidence ... that might point to the cause or causes of the initial explosion and that, if it is found, may play a part in the future," Mr Hampton said.

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