Finlayson Christopher: Urgent Debates — Pike River Mine Disaster—Release of Report Government Response and Ministerial Resignation 
Text is incorporated into the Bound Volume 
Finlayson Christopher: Urgent Debates — Pike River Mine Disaster—Release of Report Government Response and Ministerial Resignation 
[Sitting date: 06 November 2012. Volume:685;Page:6276. Text is incorporated into the Bound Volume.] 
Hon CHRISTOPHER FINLAYSON (Acting Minister of Labour) 
: 
 That was a very disappointing speech from Darien Fenton. Yesterday I thought the Leader of the Opposition quite correctly stood up and said Labour would accept its share of responsibility and I applauded him for that. But within 24 hours we have had a nasty and unpleasant speech from Darien Fenton that really lets the side down. There are major issues that need to be addressed—major issues that need to be addressed—and I have already said on a number of occasions that this Government is utterly committed to addressing them. 
Last week the report came out and yesterday Mr Brownlee and I went down to Greymouth to present the findings of the Royal Commission on the Pike River Coal Mine Tragedy’s report to the families. I want to refer to what the royal commission said about those families on page 27 of volume 1: “The loss of 29 lives at Pike River exacted an enormous toll on the men’s families friends and colleagues. Many family members attended the commission’s hearings. A number provided written witness statements and some provided heart-breaking oral evidence to the commission. The commission was impressed by their fortitude and courage.” It is fair to say on behalf of Mr Brownlee that we certainly saw that yesterday. They are very very fine people and what they had to deal with yesterday as the report’s findings were read out to them was not pleasant. 
Let me make it perfectly clear as the Prime Minister has made it clear that there are 16 recommendations in the report and as has been said all of them are going to be followed. There is an issue as to structure in relation to whether or not we have a Crown agency or a Crown entity but in many respects that is a technical matter. The substance of the recommendations is to be accepted and yesterday Cabinet met and agreed to the intent of those recommendations and it said they would be progressed urgently. As I said to the families yesterday afternoon I gave them my categorical assurance that everything that needed to be done would be completed by the end of 2013. 
There are a number of findings in the report. I do not intend to go through them in detail; some of them make profoundly sad and unpleasant reading. They contain significant criticism both of the directors and the executive management of the company and of Government regulators. Directors are criticised for failing to ensure health and safety was being properly managed and executive managers are criticised for not properly assessing the health and safety risks that the workers were facing. As I said to the families yesterday and I say it in this House this afternoon there has been some comment in the last few days about whether or not we should look at the offence of corporate manslaughter in New Zealand. A change would enable prosecution of companies and organisations when serious management failures result in death. That issue is going to be looked at. The task force will be looking at that issue. There are precedents from the United Kingdom in 2008. If we need to go down that path we will indeed. 
 Let me say something given Darien Fenton’s claims about the 1992 Health and Safety in Employment Act. It is important to bear in mind just exactly what the commission said under the heading in volume 1 page 32 “Legislative change required”: “The HSE Act remains generally fit for purpose. The commission has identified a few changes although the suggested expert task force may well identify more. Two areas in the act require early attention.” and the first—and I responded to it in answer to one of her more coherent questions in question time today—is “Worker participation (including contractors)”. They said that “The legislation on worker participation should be strengthened. Workers sometimes do not understand health and safety rules or ignore them to get the job done. They should be entitled to receive key information on health and safety risks without having to ask for it.” and that is something I totally agree with. As I said I will be looking forward to working both with employers and unions to ensure that any necessary changes are made. 
The second issue which I have also highlighted in answers to questions this afternoon concerns the duties of directors. Again the report says that this is the second area that requires early legislative attention—that of dealing with governance by the board of directors. They should see health and safety risks as their concern and should give them the same careful attention they apply to other risks facing the company. There are various ways in which those reforms could be enacted either through the Companies Act generally or through the 1992 legislation but I give my assurance to the House that those matters are going to be looked at as a matter of urgency. The third area I might just touch on is that the commission has recommended that the penalty regime be reviewed to ensure health and safety obligations are taken seriously. Again I totally agree with that and we are looking at that as a matter of urgency. So in terms of the 1992 legislation it is generally fit for purpose but requiring some urgent remedial legislative attention and that is going to happen. The Government will be acting on these matters and will be inviting the independent task force to review those matters to ensure that there is a strong health and safety focus and governance. It is beyond any question I would have thought having read some of the material in this report that New Zealand’s record in this area is simply unacceptable. 
On regulatory change the Government accepts that there were systemic failures in the regulatory regime across successive Governments. We could stand here and adopt the old “you too” approach and point the finger. But where does that get the families of the 29 men? Where does that get health and safety in New Zealand? It is the responsibility of all of us to address these issues and not get into “it happened under your watch; it happened under your watch” kind of routine. I think that is demeaning and insulting to those poor men. The royal commission also found there is no predictable period following an explosion when a gassy mine may be safety entered before a second explosion. Importantly it rejected criticism that rescuers did not go into the mine during the so-called window of opportunity. I was very pleased to read the commission’s very helpful report on the issues of body recovery. I have said to the families when Mr Brownlee and I were meeting them yesterday that they want someone they know they can engage with on these issues—as it were a point person within the bureaucracy—so they are not having to deal with layers and layers of bureaucracy when dealing with these matters and I have undertaken to get back to them within 14 days naming such a person. So I am very keen to see what I can do during my tenure as Acting Minister of Labour holding this portfolio to address these issues. I am not particularly interested in pointing the finger of blame across the Chamber at three former Ministers of Labour who were in power for 9 years. I think that that is pretty childish and immature. I want to get on with the important task of addressing these issues to honour the memory of those 29 men who died so sadly. 
I also in closing want to place on record my acknowledgment not only of the families but also of Nick Davidson their lawyer and his tireless advocacy on their behalf and I also thank the commissioners for their tremendous work. It is I think a very powerful report. It is a call to this Government and to all of us that we need to get on with these issues immediately. There is as I said to the families a real determination on the part of this Government to address these issues and as I say they are a mixture of legislative and regulatory. We are going to get on with these straight away and I look forward to the cooperation of other parties in this House. 
I want to finish by reading the words of the commissioners with which the Government is in complete agreement: “The lessons from the Pike River tragedy must not be forgotten. New Zealand needs to take urgent legislative structural and attitudinal changes if future tragedies are to be avoided. Government industry and the workers need to work together. That would be the best way to show respect for the 29 men who never returned home on 19 November 2010 and for their loved ones …”.