Commission's Report - Volume 2
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PART 2: Proposals for reform
Note: This part of the report has been divided into sections for your convenience. *These documents are in PDF format. If you are unable to open the files you can download and install Acrobat Reader for free from the Adobe website
Download a PDF of Volume 2 - Part 2: Proposals for Reform, 2.8mb*
History
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CHAPTER 18 - Major change is required (888k)*
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Introduction
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New Zealand’s poor health and safety performance
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Overseas health and safety regimes
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The 1972 Robens committee
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The Health and Safety in Employment Act 1992 (HSE Act)
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Recent government initiatives
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CHAPTER 19 - Coal mining in New Zealand (859k)*
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Introduction
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New Zealand coal fields
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New Zealand coal mining industry
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Australian coal mining industry
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Conclusions
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CHAPTER 20 - A failure to learn (854k)*
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Introduction
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New Zealand coal mine tragedies
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Overseas tragedies
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Non-coal mining tragedies
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Conclusions
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The regulators
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CHAPTER 21 - Collaboration between government agencies (832k)*
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Introduction
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Law reform
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The regulatory framework
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Conclusions
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Chapter 22 - The decline of the mining inspectorate (891k)*
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Introduction
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The inspectorate under the Coal Mines Act 1979
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The transition period from the early 1990s to 1998
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The mining inspectorate from 1998
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Conclusions
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CHAPTER 23 - Management of the mining inspectorate (886k)*
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Introduction
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Management and support
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Lack of guidance information
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Inadequate reviews of inspectors
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Resourcing of the mining inspection function
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Oversight of the mining inspection function
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The Gunningham and Neal review
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2006–09 mining policy review
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Risk registers
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Conclusions
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CHAPTER 24 - Effectiveness of the health and safety regulator (955k)*
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Introduction
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Changes to the Department of Labour since the Pike River tragedy
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Leadership of health and safety
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The functions and structure of the Department of Labour
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Shared responsibility at governance level
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High-level health and safety expertise
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The Department of Labour’s 10-year strategy
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Focusing on high-risk sectors
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Accountability and review of the department
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Conclusions
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CHAPTER 25 - A new regulator (850k)*
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Introduction
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Functions
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Form of a new regulator
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Compliance strategy
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Resourcing
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Recommendation 1
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The regulatory framework
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CHAPTER 26 - An effective regulatory framework (866k)*
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Introduction
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The general regulatory framework
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The adequacy of the general supporting framework
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An inadequate framework for underground mining
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The mining regulations
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Safety cases
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The penalty regime
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An effective supporting regulatory framework for underground coal mining
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Changes for the task force to consider urgently
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Recommendation 2
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CHAPTER 27 - Strengthening the Crown minerals regime (850k)*
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Introduction
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Summary of law
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Problems with permitting
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Good mining practice
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Recent developments
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Recommendation 3
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Recommendation 4
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Industry and workers
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CHAPTER 28 - Improving corporate governance (848k)*
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Introduction
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The board of directors
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Guidance available
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Recommendation 5
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Recommendation 6
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Recommendation 7
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CHAPTER 29 - Improving management leadership (838k)*
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Introduction
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Leading improvements in health and safety performance
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Strengthening the statutory mine manager’s role
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Recommendation 8
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Recommendation 9
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Recommendation 10
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CHAPTER 30 - Worker participation (847k)*
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Introduction
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Regulatory framework
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Problems with the framework
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Union check inspectors – underground coal mines
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Practical measures to support worker participation
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Recommendation 11
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CHAPTER 31 - Qualifications, training and competence (851k)*
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Introduction
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Key issues
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Recommendation 12
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Emergency Management
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CHAPTER 32 - Improving the emergency response (889k)*
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Introduction
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Emergency response management – legal requirements
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Serious failings at Pike River
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The Australian approach
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Conclusions
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Police self-review
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Multi-agency responses
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Communication with families
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Mines rescue in New Zealand
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Recommendation 13
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Recommendation 14
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Recommendation 15
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CHAPTER 33 - Improving emergency equipment and facilities (939k)*
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Introduction
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The miners
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Conclusions
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The emergency responders
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Recommendation 16
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Appendices
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Appendix 1: Conduct of the inquiry (891k)*
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Establishment of the commission
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Participation, process and procedure
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Hearings
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Phase One – Context
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Phase Two – Search and Rescue
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Phase Three – What happened at Pike River?
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Phase Four – Policy aspects and submissions
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Final submissions
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A judical review
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The final report
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Appendix 2: The commission’s operations and structure (854k)*
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Role of the public sector
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Structure
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Operating principles
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Risk and financial management
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Information management and technology and access to information
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Accommodation
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Appendix 3: Commissioners’ biographies (855k)*
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Appendix 4: List of participants (835k)*
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Appendix 5: Counsel representing (828k)*
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Appendix 6: List of issues (as at 28 April 2011) (839k)*
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Background
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Interpretation of the List
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Phase One – Context
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Phase Two – Search and rescue
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Phase Three – What happened at Pike River?
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Phase Four – Policy aspects
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Appendix 7: Policy phase questions (827k)*
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Mining regulation and recognised practices
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The interaction between mining regulation and recognised practices and other (including conservation and environmental) legal requirements
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The resourcing and administration of the regulators of mining law and practice
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