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Pike River Families Group Press Release


PRESS RELEASE


FOR (SOME) PIKE RIVER FAMILIES

The Families can now but hope that Solid Energy will consider closely the response of the Families’ expert mining advisers, Bob Stevenson and Dave Creedy, and the independent legal advice by Hugh Rennie QC as to why re-entry to the Drift is lawful and can be undertaken.

1. Thus, the Families are hoping that the Board will take more time for consideration of this material when it meets early next week.

2. They have had real concerns whether a decision is in truth still to be taken given:

(a) From August 2013 a Risk Analysis developed by a team of some 15 experts was funded, for re-entry of the Drift, but not the main mine workings.

(b) The last of seven phases of re-entry would have been the ventilation of the Drift.

(c) On 12 March 2014 of Solid Energy addressed the Families and the Minutes record that Solid Energy was on target for Drift re-entry at the end of April 2014, while work continued on SOPs, TARPS and associated Risk Assessments.

(d) Sometime around May/June 2014 the climate began to change in the regular reports to the Families about re-entry, amid continuing delays.

(e) When the Families began to press for progress for re-entry, and information about who would be giving advice relevant to Board approval, the door shut on them. It became clear that there was something new in the air, including legal advice to Solid Energy that without a second egress, as a matter of law, there could be no lawful re-entry. So the Risk Assessments being undertaken seemed irrelevant if that was the case, as there was no second egress planned.

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(f) The Families became alarmed and pressed for the legal advice given Solid Energy about second egress. This is not litigation but Solid Energy will not hand over that advice, to explain its position.

The chance for the Families to make representations.

3. The Families pressed for expert risk assessment and advice, which Solid Energy was receiving and undertaking.

4. That request was at first refused, but after a request of the Chair, an Intranet site was set up, and risk assessment and other material posted for Bob Stevenson and Dave Creedy to consider. “An agreed process for information provision and expert teleconference” was formulated after a meeting on 9 October 2014 and the final independent advisers’ reports to Solid Energy were put on the Intranet site as late as 17 October 2014.

Second egress lawful

5. A legal Opinion on second egress has been provided by a well-respected Queen’s Counsel, contrary it seems to that of Solid Energy. It has been sent to Solid Energy, Worksafe and Mines Rescue.

6. While Mines Rescue and the Regulator, Worksafe will not commit their view publicly, the inference is that they hold a similar view as Hugh Rennie QC that there is no prohibition on second egress as a matter of law, because they otherwise would have intervened already. Mines Rescue wrote to Counsel for the Families on 8 October 2014 to say that it does not have a legal Opinion on the “lawfulness” of re-entry with regard to the requirement of a single entry, but “Worksafe has already given that assurance to Solid Energy and Mines Rescue does not disagree with Worksafe’s recommendation”.

7. So we have it seems, Mines Rescue informally, Worksafe inferentially, and a legal Opinion from a respected Queen’s Counsel, which at the very least makes Solid Energy’s stance debatable.

Conclusion

8. The Families understand the Board of Solid Energy must reach the right decision protective of those who should re-enter the Drift. They hope the Board will make its decision later than first signalled to allow time to consider the legal and technical material provided by the Families. These highly experienced mining experts in the UK advising the Families will do the best they can, at a distance, fitting in with their own work, to put their perspective to Solid Energy.

9. The Families have had every reason to be concerned that the decision to be made is predetermined, and all they have been given is the opportunity to understand what is otherwise a fait d’ accompli. But they are still contributing in good faith to the decision making process.

10. They have seen nothing through these four years past which provides any solace other than the ground-changing Report of the Royal Commission. They have seen no criminal prosecution; one health and safety conviction against a company which is insolvent; a conviction and fine against a large company; the prosecution against Mr Whittall abandoned.

11. Re-entry was a remnant of hope. It hangs by a thread. They expect a good faith response by Solid Energy fully reflective of the contribution the Families are making towards a sound decision.

NICHOLAS DAVIDSON QC

Counsel for (some) Pike River Families

24 October 2014


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