The company running a building site in Auckland where a security guard was killed last year says legal action over the death would be premature.
Charanpreet Dhaliwal, 22, died of head injuries after being assaulted on the first night of his job.
The firm that employed him, CNE Security, is being prosecuted by the Department of Labour for failing to provide a safe workplace.
The Council of Trade Unions says charges should also be laid against Fulton Hogan, which contracted CNE Security to guard the site.
Fulton Hogan chief operating officer for infrastructure Robert Jones says the company complied with all its legal obligations when it took on the security firm.