Occupational Safety and Health is waiting on legal advice before deciding whether to lay charges over a South Island diving tragedy.
In March, three divers died after being sucked into a hole at French Pass in Marlborough while on a course run by a Nelson dive centre.
An OSH spokesman said a report on the tragedy was with legal advisers who would decide if further action was needed.
The divers were in a strip of treacherous water between D'Urville Island and the mainland when changing tides carried them north.
The spokesman said it was unclear when a decision would be made but prosecutions were still an option.
Any charges would have to be within six months of the drownings.
Under the Health and Safety in Employment Act, anyone considered responsible for the deaths could face a fine of up to $100,000 and/or a year in jail.
However, the spokesman said, this part of the act was rarely used and a more likely penalty if one were imposed would be a fine up to $50,000.
- NZPA
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