Solid Energy has sent an official letter to protesters blocking Pike River Mine saying their occupation of the land is illegal.
The letter has been acknowledged by the landowner, who has advised the protesters that blocking the road is illegal and withdrawn permission for them to occupy the land.
Bernie Monk, spokesperson for the Pike River families said the gates won't be coming down but will be left open, while protesting continues.
"We won't stop them from having legal access up through that part of the road.
"They've got to drive across the crosses we've got on the road, everyday, signifying the 29 men they are trying to seal in."
Monk said protesters will continue to do their utmost to make sure the mine is not sealed.
Solid Energy raised the legal agreements in their letter that confirm the company has full rights of access.
As a result of these agreements there is no basis for the protest group to prevent Solid Energy from accessing the mine along the piece of road at issue.
The company said in a statement that the "protesters have previously said they want to remain within the bounds of the law and we trust therefore that they will end their occupation of the site and remove the gates they erected to block Solid Energy's access."
Monk said protesters have never denied that Solid Energy has access over the road or stopped them from doing their gas monitoring at the mine.
"But at the time it was never registered so that's been the confusion.
"There's no reason we can't be there at the same time. They've only got the access across it, they don't own it."