A victory for the Council of Trade Unions, after a ground breaking private prosecution over the death of a forestry worker.

M and A Cross Ltd has admitted breaching health and safety regulations when loader operator Charles Finlay was killed in 2013.

He was working in the Taumata Forest at Kinleith.

CTU president Helen Kelly believes that it is cold comfort that the company has taken responsibility now, two years down the track.

She has bagged Worksafe New Zealand for refusing to prosecute, saying the Government agency has responsibility to ensure employers are held accountable.

"I think what we've shown is that they should - and they are now, we are pleased to say - improve their performance, but there should have been a state prosecution for this death."

Finlay wasn't wearing a hard hat or a high viz jacket at night when he walked across the loader skid to speak to another loader operator.

He was hit in the head by a log being loaded.

Finlay had a wife and three children, including 10 year old twin daughters.