Little not liable if re-entry errs
The chief executive of the Pike River Recovery Agency will be held responsible if anything goes wrong with the reentry of the drift.
Last month the Government announced it would establish a government department by the end of January 2018 to assess the risk associated with a manned re-entry, and the best way to carry out the entry.
The entry of the mine’s drift, and the recovery of any remains of the 29 men killed in 2010, would be completed by March 2019.
Both Prime Minister Jacinda Ardern and the minister responsible for the reentry Andrew Little said there would be risk involved with a manned re-entry, but it was up to the agency to assess the risk and to mitigate it, and if the level of risk was acceptable, go forward with the reentry.
They also said anyone tasked with carrying out the re-entry had the right to refuse to take part in the job if they deemed it unsafe.
At the time of the announcement, Little said the agency – Te Kahui Whakamana Rua Tekau ma Iwa (The Empowering Voice for the Pike 29) – would answer to him, and as the minister in charge, he would have the final decision.
He refused to respond to questions on who would be held liable, under New Zealand health and safety laws, if something went wrong.
However, documents relating to the establishment of the agency show the chief executive of the agency would be held legally responsible if something went wrong.
A ministerial briefing paper from November 3, said the liability would rest with those instructed by the minister, not the minister.
In order to remove that legal liability, health and safety laws would have to be changed – something the Government decided not to do.
The Government has budgeted $7.6 million a year for three years, up to $23m, for the agency and re-entry.
Ardern was asked yesterday if she was comfortable with the legal liability resting with the chief executive.
‘‘I’m confident that we’re going to go through a process that means we’re going to dot all of our ‘is’ and cross all of our ‘ts’.’’