11 November 2011

Pike River CEO will fight being scapegoated

This media release is issued by Minter Ellison Rudd Watts, lawyers for Peter Whittall, who was the CEO of Pike River Coal Ltd (now in receivership) at the time of the tragic explosion at Pike’s coal mine on 19 November 2010. Mr Whittall has been bound by a suppression order even though he never sought it. Rather he has been actively seeking to have that order obtained by the Department of Labour lifted as soon as possible so that he could be identified publicly.

Mr Whittall denies all charges made against him by the Department of Labour that he allegedly failed to comply with the Health and Safety in Employment Act 1992.

Mr Whittall is a coal miner. He comes from a coal mining town and has worked in underground mines all his life. He maintains that he would never do anything to put men who worked with him at risk. And Mr Whittall will fight being scape goated now.

The charges generally allege that Mr Whittall failed to take all practicable steps to ensure the safety of workers at Pike’s mine. There is no charge that there were inadequate egresses from the mine. Rather the charges relate to operations at the mine on or about 19 November 2010, at a time when Mr Whittall was CEO based in Wellington and handling corporate – not operational – matters.

Notwithstanding opportunities to take voluntary redundancy, or otherwise leave the company and this country, Mr Whittall remained as CEO in large part to assist with the Department of Labour’s investigation. He is deeply saddened by the Department of Labour’s actions and intends to vigorously defend all charges laid against him. He will be drawing on the Department of Labour’s extensive interaction and contact with Pike, particularly via the Department of Labour’s Health and Safety Inspectors, in his defence to the charges laid.

Mr Whittall became the public face of the Pike tragedy when he fronted to the media and this nation in the harrowing days following the 19 November 2010 explosion. Mr Whittall took on this role because he believed it was the right thing to do, and he continued to front for Pike even though it greatly raised his profile at a time when criminal investigations were underway.

Consistent with the manner in which Mr Whittall conducted himself in the wake of the November 2010 explosion, Mr Whittall has been fully co-operative throughout the Department of Labour’s year-long investigation. He would like to comment further today but in the circumstances has been advised not to make any public statements, given that the matter comes within the jurisdiction of the District Court. Accordingly, all inquiries should be directed to Minter Ellison Rudd Watts, via Stacey Shortall, at the contact details below.

Notes
Minter Ellison Rudd Watts occupies a unique position among the New Zealand law firms, being part of the Minter Ellison Legal Group. Worldwide, the Minter Ellison group has over 290 partners and 1000 other legal staff in New Zealand, Australia, Hong Kong, China and the United Kingdom.

Among New Zealand's top law firms, Minter Ellison Rudd Watts is recognised by corporate New Zealand and trans-Tasman clients for its market leading corporate and commercial, property, banking and finance, employment, dispute resolution and insolvency law practices. It also has a wealth of experience in the areas of construction, competition, intellectual property, energy and resources, environment, public law, and tax.

ENDS

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