The family of a security guard killed just hours into his first night at work want a District Court decision clearing his employer of health and safety failings overturned.
The mother and brother of Charanpreet Dhaliwal flew back to India on Sunday saying they were leaving saddened and without justice.
Mr Dhaliwal, who was 22, was patrolling a construction site in Auckland when he was attacked in November 2011.
The man accused of his murder was acquitted at a trial in September. Last week, in a written decision following a hearing at Waitakere District Court in February, a judge found his employer, CNE Security, not guilty of violations of health and safety rules.
"I am feeling very, very sad that I have not got justice," Mr Dhaliwal's mother Karamjit Kaur said.
His brother, Chamanpreet Singh Dhaliwal, says the court's decision should be overturned. "We are going back in a state of shock and we want the Ministry of Business and Innovation and Employment to appeal the judgement of the District Court."
The judgement deemed the construction site low risk, and said the employers thought more regular checks on the Charanpreet Dhaliwal were unneccessary because the site was busy that night.
The company said Mr Dhaliwal was an experienced security guard, but the family's spokesperson in New Zealand, Jasjit Singh, says they don't agree.
"What they just can't understand is how could somebody be given training on the job at night for fifteen, twenty minutes, and then learn everything about the job. He had not much experience in these kind of jobs and never, ever had worked alone in an isolated place."
The Council of Trade Unions also wants the judgement in favour of the company overturned, but say the rights of appeal are very narrow, and on a point of law.
