The lawyer for Pike River families says police now have enough evidence to lay manslaughter charges over the disaster.
Nigel Hampton KC said police believe they have evidence showing specific acts of gross negligence, which are linked to the fatal explosion, in which 29 men were killed.
"From that, sufficient evidence has been collected by the police for them to conclude that they can now show specific acts of what they say were gross negligence and they can link those acts causatively to the explosion and therefore to the deaths.
"That equals potentially 29 charges of manslaughter being brought against certain individuals, the police have reached that view. It's now with the Crown and the Crown have got to make a decision about what they're going to do."
Hampton said he was not able to comment on who those charges would be laid against, without breaching confidentiality.
"It's been a cause of frustration and further anguish to the families, the time delay, but if it's another month or two months or three months or whatever, they're prepared to wait it out."
'Slap in the face'
Hampton said that anguish was exacerbated for Anna Osborne and Sonya Rockhouse this week, after they were asked to meet with Workplace Relations and Safety Minister Brooke van Velden on the 15th anniversary of the disaster, in a meeting they described as a complete waste of time.
"They attend at Parliament instead of being on the Coast with other families commemorating, grieving the deaths of their loved ones...then they are met with a negative response from the workplace minister indicating that from their point of view, the family's point of view, there's going to be rollback on health and safety stuff that came out of the Pike disaster and that only feels like a slap in the face for the women."
Labour, the Greens and Te Pāti Māori all expressed support for a corporate manslaughter charge.
A Royal Commission of Inquiry into the explosion in 2012 found New Zealand's old safety laws lacked teeth, and there were catastrophic failings in the mining company's systems, despite numerous warnings of a potential disaster.
Hampton said following the inquiry, police reached the view there were acts of gross negligence, both in terms of actions taken and actions not taken by the mining company and those in charge that would have formed the foundation of a prosecution for criminal nuisance under the Crimes Act, but the acts couldn't be directly linked to the initial explosion and the deaths.
At the same time, the Department of Labour laid health and safety charges against Pike River Coal Ltd, its former chief executive Peter Whittall and a contractor, VLI Drilling Ltd.
The charges against Whittall were dropped in 2013 in exchange for payments to the victims' families, which had since been declared unlawful by the Supreme Court.
Efforts by Pike River families, including Osborne and Rockhouse, to prevent the mine from being sealed in 2021 ultimately led to police being able to re-enter the mine and recover further material and evidence from the inside the drift.
In September 2022, police announced they were reopening the borehole drilling operation as part of the investigation and 10 boreholes were drilled, imaged, and resealed. Human remains were found in the mine in 2023.
Police have been working with the Crown Solicitor since the investigation concluded, over whether to lay charges.
A police spokesperson said they could not provide a timeframe for when a decision would be made on the matter.
The Crown Law office said the decision whether to prosecute ultimately sat with police and they were working with the Wellington Crown Solicitor on matters relating to the decision to prosecute.
The office said it was aware of that work and didn't have anything further to add at present.
