The lawyer acting for some of the Pike River families says they are concerned Solid Energy has already made up its mind not to try to re-enter the mine.
Twenty-nine men lost their lives in explosions in the mine four years ago.
Solid Energy has said a special meeting may be held to discuss whether the mine's drift can be safely re-entered. Photo: RNZ
Solid Energy will hold its monthly board meeting on 29 October and has said a special meeting may also be held to discuss whether the mine's drift can be safely re-entered.
The families' lawyer, Nicholas Davidson QC, said the families had been given access to the technical information that will found the board's decision - but they have not been able to view a legal opinion that has deemed re-entry unlawful.
He said overseas mining experts hired by the families have had about a week to review the latest technical information Solid Energy is using to make its decision.
He said the state coal company's board may not have time to review the information if it makes a decision next week.
"It's getting further material from the families about that," he said. "That's the primary concern, that this decision effectively has been taken, and we're not gonna get a fair crack at the whip."
Mr Davidson said both the families' experts and Solid Energy's experts were qualified to make a judgement and should be able to reach a common answer.
"There's no win or loss in this thing. The families are not pressing for a re-entry process which overall is held to be unsafe. What we believe from the experts helping the families, is that the entry can be taken safely and that's the position that's been put to Solid Energy."
He said the legal opinion Solid Energy received that considered a re-entry unlawful diminished the families' hope for re-entry but they were still contributing their information and want everything put before the board to be carefully considered.