Judgments of the Court of Appeal of New Zealand on Proceedings to Review Aspects of the Report of the Royal Commission of Inquiry into the Mount Erebus Aircraft Disaster: C.A. 95/81 — John Shaqi
Judgments of the Court of Appeal of New Zealand on Proceedings to Review Aspects of the Report of the Royal Commission of Inquiry into the Mount Erebus Aircraft Disaster: C.A. 95/81New Zealand. Court of Appeal
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Judgments of the Court of Appeal of New Zealand on Proceedings to Review Aspects of the Report of the Royal Commission of Inquiry into the Mount Erebus Aircraft Disaster: C.A. 95/81
New Zealand. Court of Appeal
Air New Zealand; Aircraft accidents; New Zealand. Royal Commission to Inquire into the Crash on Mount Erebus, Antarctica, of a DC10 Aircraft Operated by Air New Zealand Limited
To understand this complaint one needs a clear picture of what it was
that the Commission found or alleged against the navigation section.
When studying the report as a whole we have encountered difficulties in
this regard, difficulties not altogether removed when we explored them
during the argument with Mr Baragwanath. But our understanding is that
in essence the Commissioner suggests that the original change of the
southernmost point to one in the Sound, 25 miles west of McMurdo
Station, was probably deliberate on the part of the navigation section
(although he refrained from a definite finding) and that in November
1979 they deliberately made a major change back to the vicinity of
McMurdo Station but deliberately set out to conceal the change from the
American personnel there. The motive for the 1979 change ascribed by the
Commissioner to the navigation section appears to be that they
considered that the New Zealand Civil Aviation Division had only
approved a route over Mount Erebus, yet at the same time that the
American 'authorities' would object to that route, regarding the route
down the Sound as safer. In short the theory (if we understand it
correctly) is that the navigation section were in a dilemma as there was
no route approved by all concerned.
Beyond argument, it would seem, there was slipshod work within the
airline in the making of the change and the failure to expressly notify
flight crews. But the allegations of deliberate concealment and a
concocted story are another matter. The complaint is that they were
never put squarely to the members of the navigation section. The
Commissioner himself did put to the chief navigator, Mr Hewitt, that
'Someone may suggest before the inquiry is over' that the word 'McMurdo'
was relayed to McMurdo to conceal a long-standing error in the
co-ordinates. Mr Hewitt replied 'Certainly not, sir' and there, the
applicants point out, the matter was left, without further questions to
witnesses by anyone or any reference in counsel's final submissions.
On the other hand Mr Baragwanath urged in substance that the witnesses
from the navigation section must have understood that their evidence was
under suspicion; that they had ample opportunities to explain how and
why any mistakes occurred; and that it was for the Commissioner to
assess their explanations, taking into account any impressions they made
on him individually as witnesses.
Captain Eden
Public-domain text, read in full here on John Shaqi.
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