UPDATED 3.47pm: The High Court has been told it shouldn’t set aside a decision to drop charges against Peter Whittall.

A judicial review into the decision to do so in 2013 continues in the High Court in Wellington.

Worksafe lawyer Joanna Holden says all but two of the families affected in the Pike River mine tragedy have accepted a payout from Whittall.

She says it’s unclear what quashing the decision to drop Whittall’s charges and take the $3.4 million payout would mean for those families.

Holden says the decision not to proceed with Whittall's prosecution wasn’t easy, and was made after careful consideration of a number of factors.

She holds many witnesses weren’t available, and the principal offender- the company, had already been convicted and fined.

Holden explains there was no causative link between Mr Whittall’s alleged offending, and the explosions in the mine.

However, a spokesman for Pike River families says questions need to be answered.

The judicial review of a decision to drop charges against former Pike River boss Peter Whittall continues today.

Whittall had faced 12 charges related to failing to ensure the safety of workers in the mine, but these were dropped in December 2013.

Pike River families spokesman Bernie Monk told Newstalk ZB the families are looking forward to hearing from Whittall.

"When he was on the royal commission he wouldn't answer questions the families put to him because he was too scared it would convict him in a court of law, and that's what really hurts the families."

Monk adds it is important to leave no stone unturned after families yesterday argued a $3.4 million payment does not equal justice.

"People in New Zealand can't buy their way out of health and safety issues like this."