Insurers of the Waihi mining company convicted over the death of one of its workers has appealed aspects of the reparation order.

OceanaGold Waihi's general manager, Bernie O'Leary, said the company would still pay the reparation to the family of Tipiwai Stainton regardless of the appeal.

Stainton died on July 28, 2016, after the loader he was driving fell 15m off a vertical edge into a void at OceanaGold's Correnso mine in Waihi.

In the Tauranga District Court on May 9, Judge Thomas Ingram ordered OceanaGold to pay $728,000 in fines and reparation over the death.


O'Leary said OceanaGold had accepted liability for Stainton's death and the company would support his family irrespective of the outcome of the appeal.

He said this was only the second sentencing for a workplace death under the new workplace health and safety laws introduced in 2016, where important legal principles were still to be resolved but said the company would continue to support the miner's family.

"This appeal is not something we would initiate, but we understand why the wider insurance industry is looking for clarity in this area and that this becomes, to some extent, a test case," he said.

OceanaGold would not disclose the insurance company that made the appeal.

The company was ordered to pay a fine of $378,000, reparation of $350,000 and court costs of $3672.

O'Leary said that this was in addition to a significant sum already paid to the family by the mining company.

"Irrespective of the outcome of this appeal, we will make sure that the family is looked after and do not face the risk of reduced reparations on appeal. Our first priority is to make sure that we look after our own."