Labour believes the system is geared against the Pike River families.

West Coast-Tasman MP Damien O'Connor says the families' latest loss at the Court of Appeal is a savage blow.

MORE: Pike River appeal against Whittall dismissed

Sonya Rockhouse and Anna Osborne had gone to court in the hope it would rule in favour of a judicial review into the dropped charges against the mine's former head Peter Whittall.

It's the second time they've attempted it, after Worksafe threw out the charges against Mr Whittall when he provided $3.41 million insurance payout to the victims' families and two survivors.

Mr O'Connor said it's a savage blow.

"How many more times will the system try to crush these families? It never protected their men in the mine, it never allowed them to go and recover the bodies, it's now rejecting the opportunity to have some justice at the end of a very long saga."

He said it's check book justice and it's not good enough.

"The whole process around litigation and liability I have to say smells more fishy than 300 dead whales on the Farewell Spit," he said.

MORE: Nigel Hampton: Bid to get former Pike River mine boss into court fails