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Worksafe has granted an exemption to Pike River Recovery Agency - Te Kāhui Whakamana Rua Tekau mā Iwa (PRRA) from compliance with regulation 170(4)(a) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 (the Regulations).

The exemption has been granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 (the Act) on the basis that WorkSafe is satisfied that:

  1. the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to it;
  2. the exemption is not inconsistent with the purpose of the Act. 

The primary reasons for the decision were that:

  1. the exceptional circumstances of the Pike River mine (the mine set up and the limited scope of recovering only one mine drift) were never fully anticipated by the Regulations;
  2. in the Pike River mine, either an exhaust or forced ventilation would still be vulnerable in an emergency situation;
  3. by implementing the 27 additional controls identified in the exemption request for escaping in return air and the other controls included in the principal hazard management plans, principal control plans, trigger action response plans, and standard operating procedures, PRRA will provide an equal level of safety to workers than would be achieved by using exhausting ventilation and complying with regulation 170(4)(a) of the Regulations;
  4. using forced ventilation is appropriate and will provide an overall safer working environment for workers and other people by reducing or eliminating some risks (e.g. explosive or noxious gas mixture, ignition sources);
  5. the advantages of using forced ventilation include that:
    • it provides a greater ability to scour any remnant gases in the drift as the recovery proceeds; and
    • it eliminates the requirement to reticulate high voltage underground to support an auxiliary ventilation system, therefore reducing hazards in the workplace; and
  6. therefore Worksafe is satisfied that the criteria for the granting of an exemption under section 220(2) of the Act are met.

This exemption takes effect on 5 December 2019 and expires on 5 December 2024 unless it is sooner, replaced or revoked.

Exemption for Pike River Recovery Agency Te Kahui Whakamana Rua Tekau ma Iwa (PRRA) from provisions of Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 (PDF 508 KB)

Additional documents

Pike River Recovery Agency - Exemption Recommendation from Paul Hunt to Nicole Rosie (PDF 1.4 MB)
Report by Robert Regan - Review of advice regarding Pike River Recovery Agency exemption application (PDF 373 KB)
Decision memo from Nicole Rosie regarding decision to grant an exemption to the Pike River Recovery Agency (PDF 1.2 MB)