Osborne v Worksafe New Zealand - [2017] 2 NZLR 513

Employment law — Health and safety — Pike River mine disaster — Judicial review — Prosecution decision not to offer evidence against employer — District Court decision to dismiss charges — Whether decisions lawfully made — Voluntary reparation payment by employer to victims — Whether unlawful bargain to stifle prosecution in exchange for payment — Consideration of reparation in prosecutorial decision making — Compliance with guidelines and legislation — Legitimate expectation — Victims unable to return payment made — Victims’ Rights Act 2012, ss 7, 12.

Judicial review — Prosecution — Prosecution decision not to offer evidence — Dismissal of charges — Whether prosecution decision amenable to judicial review — Principles to be applied — Exercise of judicial restraint — Constitutional boundaries.