Prime Minister John Key said yesterday he would ask Crown Law to look at the possibility of a civil case.
The earlier Crown case against Pike River general manager Peter Whittall fell over partly because so many witnesses were overseas and would not return.
Even now, extradition is also problematic.
"First, none of the Pike River victims' families have a right to sue because of our ACC laws. That is National Party policy," Mr Peters said today.
"Second, that leaves the issue of punitive damages. Third, Crown Law spent a fortune in a contest against Tai Hobson, who sought to recover punitive damages for the death of his wife in the Bell Panmure RSA case.
''The Court of Appeal ruled Tai Hobson's claim out. Fourth, Sue Couch, another victim in the Panmure RSA case was able to sue because she survived the assault."
Mr Peters said the prime minister was continuing to hold out hope when there was none.
