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
So we conclude that in making the findings or allegations stated in
paragraph 377 of the report the Commission acted in excess of
jurisdiction and contrary to natural justice. As previously mentioned,
the conspiracy postulated in paragraph 377 is evidently intended to
include as participants the chief executive of the airline, the
executive pilots and members of the navigation section. If the order for
$150,000 costs is quashed on the ground that the statements about a
pre-determined plan of deception and an orchestrated litany of lies were
made without jurisdiction and contrary to natural justice, we think that
substantial justice will be done to the company and those individuals.
In our opinion that costs order must be quashed on those grounds as well
as on the ground that it was invalid as to amount.
Further, during the proceedings in this Court there occurred
developments which in themselves threw a different light on matters
dealt with in the paragraphs under attack affecting Captain Gemmell
particularly. These should be publicly recorded.
It was acknowledged by all parties, including the Commissioner, that the
reference to Captain Gemmell in paragraph 352, concerning a notebook
belonging to Captain Collins, was a mistake. The Commissioner evidently
had in mind some evidence given by Captain Crosbie, the welfare officer
of the Air Line Pilots Association. This disposes of any inference
against Captain Gemmell that might be taken from that paragraph.
Much the same applies to the other paragraphs affecting him which are
complained of. We have set them out in full and it will be seen that
they all relate to two flight bags. It had seemed that paragraph 359
(1), in its context, might have conveyed the impression that Captain
Gemmell had removed these bags from the McMurdo store and brought them
or their contents back from Antarctica. At our hearing, however, Mr
Davison, who was one of the counsel for the Pilots Association both
before the Commission and in this court, made it clear responsibly and
fairly that this is not suggested.
As to Captain Eden, it has already been stated that the transcript
shows that the allegation expressed or implied in paragraph 348 was
never put to him. Having said so plainly, we need only add as regards
this particular complaint that the allegation, although it would
naturally have caused concern to Captain Eden and Air New Zealand, was
not as serious as the others that are complained of.
Whether the Court has jurisdiction to quash particular passages in the
report in addition to the costs order is a difficult and technical
question. We prefer not to lengthen this judgment with an unnecessary
discussion of it.
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