Black Reef Mine prosecutions

01 July 2008

The Department of Labour said today that it was continuing its appeal against the sentence handed down to Black Reef Mine Ltd, owner of Tiller Mine near Greymouth, where a miner was killed in 2006.

Miner Robert McGowan was killed in March 2006 when a large volume of water flooded the mine.

Black Reef Mine Ltd pleaded guilty to two Health and Safety in Employment Act charges relating to the incident, and was ordered to pay reparations of $20,000 and fined $10,000. The Department is seeking a higher fine.

Two individuals were convicted following a lengthy defended hearing in Greymouth. One is Gary Haddow, mine manager at the time of the tragedy, who was in January this year ordered by the Greymouth District Court to pay reparations of $10,000 and fined $2000. The other person, a consultant geologist who was ordered to pay reparations of $20,000 and fined $10,000, continues to have name suppression.

The Department said that following advice from the Crown Solicitor, it was discontinuing its appeal against sentence for Mr Haddow.

A Department spokesperson said the Crown Solicitor was of the view that the High Court would not interfere with the original sentence because the sentencing judge had been entitled to take a lenient approach for reasons including Mr Haddow’s own near death, his culpability overall as found by the trial judge, and his financial resources.

The Department’s appeal against the penalties imposed on Black Reef Mine and the other individual would be proceeding.

However, it is likely that the other individual will be granted a re-hearing of part of the case against him. For this reason, the Department’s appeal against this sentence cannot be heard until after that.

For further background information, please see previous media release: http://www.dol.govt.nz/News/Media/2008/mining-tragedy.asp

Also, please note that health and safety services formerly referred to as Occupational Safety and Health (OSH) should now be referred to as the Department of Labour.