Sonya Rockhouse, who lost her son in the Pike River Mine disaster, says she's is over the moon with a Supreme Court ruling that WorkSafe's decision to withdraw prosecution of mine boss Peter Whittall, in exchange for payments to the victims' families, was unlawful.
Ms 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
Delight for Pike River families after court finds deal to drop charges against mine boss was unlawful.
"We just can’t believe it. I’ve been talking to Anna, she’s crying, screaming. We’re just so excited," Ms Rockhouse told 1 NEWS.
Ms Osborne is also thrilled with the court's ruling.
"I am absolutely elated. It's bloody great," she said.
"It's hard to believe after so many kicks in the guts that we've finally had a win."
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.
The Crown said the payment of reparation was just one of several factors taken into account in withdrawing the charges.
But the Supreme Court found that the decision to offer no evidence was made under an unlawful agreement to stifle prosecution .
The court said it was irrelevant that WorkSafe considered other factors in reaching the decision to offer no evidence.
WorkSafe says it fully accepts the decision of the Supreme Court.
Chief Executive Nicole Rosie 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.
"The families’ commitment has helped to forever change the health and safety landscape in New Zealand for the better."
While WorkSafe was named as the respondent in this case, the decision was taken by its predecessor agency which carefully considered its decision at the time, Ms Rodie said.
"As its successor we have assumed responsibility for the decision and we accept the court’s decision."
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