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
History
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
... I asked the airline for its submissions on the question of
costs. The general tenor of the submissions is that the
establishment of this Royal Commission was directed by the New
Zealand Government and that the airline should not be ordered to
meet any part of the public expenditure so incurred. As a statement
of general principle, this is correct. But there is specific
statutory power to order that a party to the inquiry either pay or
contribute towards the cost of the inquiry, and that the power
should be exercised, in my opinion, whenever the conduct of that
party at the hearing has materially and unnecessarily extended the
duration of the hearing. This clearly occurred at the hearings
which took place before me.
In an inquiry of this kind, an airline can either place all its
cards on the table at the outset, or it can adopt an adversary
stance. In the present case, the latter course was decided upon.
The management of the airline instructed its counsel to deny every
allegation of fault, and to counter-attack by ascribing total
culpability to the air crew, against whom there were alleged no
less than 13 separate varieties of pilot error. All those
allegations, in my opinion, were without foundation. Apart from
that, there were material elements of information in the possession
of the airline which were originally not disclosed, omissions for
which counsel for the airline were in no way responsible, and which
successively came to light at different stages of the Inquiry when
the hearings had been going on for weeks, in some cases for months.
I am not going to burden this recital with detailed particulars,
but I should have been told at the outset that the flight path from
Hallett to McMurdo was not binding on pilots, that Captain Wilson
briefed pilots to maintain whatever altitudes were authorised by
McMurdo Air Traffic Control, that documents were ordered by the
chief executive to be destroyed, that an investigation committee
had been set up by the airline in respect of which a file was held,
and that one million copies of the Brizindine article had been
printed, a fact never revealed by the airline at all. So it was not
a question of the airline putting all its cards on the table. The
cards were produced reluctantly, and at long intervals, and I have
little doubt that there are one or two which still lie hidden in
the pack. In such circumstances the airline must make a
contribution towards the public cost of the Inquiry.
...
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