A request to cross-examine witnesses who made statements to the Pike River Royal Commission after its hearings ended met the criteria for doing so, a court has been told.
Twenty-nine men died in a series of explosions at the West Coast mine that began on 19 November 2010. The inquiry ended in April this year, but has continued to receive statements from other witnesses.
The High Court in Wellington is considering whether the Royal Commission should reconvene to hear further evidence from three people closely connected with Pike River's operations - a former technical staff member and two middle managers.
Stuart Grieve, who acts for the mine's former chief executive Peter Whittall, former board chairman John Dow and others, told the court on Monday the commission refused to reconvene to allow those witnesses to be cross-examined.
Mr Grieve said that was despite his clients' request to do so, according with procedures set out by the commission.
He told the court that, during the hearings when applications were made to cross-examine witnesses they were generally granted.
His clients' request to cross-examine was made in accordance with procedures set out by the commission and all criteria for doing so were met.
Mr Grieve also questioned whether the publication of Royal Commission's findings might jeopardise the fair trial rights of Mr Whittall, who is facing charges brought by the Department of Labour relating to the mine explosion.
The judicial review hearing continues on Tuesday.
