The family of a Port of Napier worker who was killed when his forklift toppled over in 2006 is delighted he has been cleared of all blame.
Repanga Taana, 49, died in March 2006 when his forklift went over a steel plate covering a hole in a wharf. The plate gave way, tipping the forklift over and crushing him. The forklift then caught fire.
Coroner Ian Smith said the steel plate was not strong enough and Mr Taana's death was preventable.
In findings released yesterday, he said the Labour Department had "failed to carry out an in-depth investigation" and he was surprised it did not prosecute, The Dominion Post reported.
Department inspector Tony Jensen told last year's inquest the department decided not to prosecute "because it could not be proved beyond reasonable doubt that the Port of Napier failed to carry out a weight-bearing assessment on the plate".
Philip Taana was at the wharf when his older brother was killed. He said the family had refused to take any compensation until the coroner's report had been released.
"I just wanted to clear my brother's name -- they've been fighting from the view of a corporation, and I've been fighting from the heart," he told the Dominion Post.
Port of Napier chief executive Garth Cowie said safety changes had long since been made at the port, where there had been four other deaths since 1989.
He would make no comment about any potential compensation offer to Mr Taana's family.