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
Before the Royal Commission was appointed and began its work a statutory
investigation had already been carried out in terms of the Civil
Aviation (Accident Investigation) Regulations 1978. Immediately it was
known that the aircraft had crashed on Mount Erebus the standard
procedures for aircraft accident investigation were invoked by the Chief
Inspector of Air Accidents, Mr R. Chippindale. And he arrived in the
Antarctic with a small team of experts on the day following the
disaster. They included mountaineers, police, surveyors, the chief pilot
of Air New Zealand (Captain Gemmell), and a representative of the
Airline Pilots Association, named in the present proceedings as the
fifth respondent (First Officer Rhodes).
Mr Chippindale conducted intensive inquiries at the site of the crash
and instructed that all reasonable steps were to be taken to recover
equipment that would bear upon the cause of the accident and any
documents which were still accessible before they were blown away into
crevasses or covered with snow. Two important items were soon
discovered: the cockpit voice recorder was found at once and after a
period of systematic digging into the snow the digital flight data
recorder was recovered as well. The first piece of equipment provided a
tape recording of much that was said on the flight deck during a period
of 30 minutes preceding the time of the collision with the ice slope.
The second, often described as the "black box", provided conclusive
information concerning course, altitude, and other data relating to the
flight and functioning of the aircraft at the relevant period of time.
Mr Chippindale continued his investigation in New Zealand where he
inspected records gathered from the airline. He also interviewed pilots
and other officers with relevant information. In addition he travelled
overseas. At that point he prepared an interim report so that he could
give notice of his tentative findings to all those whom he felt might
have some degree of responsibility for the accident. Thus the airline
and representatives of the deceased pilots and others were given an
opportunity to provide any appropriate answer to the chief inspector
before he completed his final report. All this was attended to and his
report, which is dated 31st May 1980, was made available to the Minister
of Transport on 3rd June 1980. The Minister then approved the report for
release as a public document on 12th June 1980. As mentioned, the Royal
Commission was appointed for the purpose of conducting a public inquiry
at that same time.
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