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
In a written synopsis of argument presented before this Court by counsel
for Air New Zealand it was said that background matters had to be
understood as they were entirely relevant to the complaints made by the
applicants in the present proceedings. But that "the Applicants do not
propose to canvass any factual matters which fall outside the range of
their specified allegations". In regard to that last matter we emphasize
again that this case (as counsel well realized) cannot be used to attack
the Royal Commission findings as to the cause of the crash. On behalf of
the applicants it was made clear nonetheless that their acceptance of
the jurisdictional bar to such a challenge in the Courts did not mean
and should not be used to draw any inference that they accepted the
causation findings themselves (at least in the unqualified form in which
they are set down in the Report). It is simply that they do all readily
accept as they must that in no sense can these proceedings become an
appeal against those findings. It is right to add that throughout the
hearing in this Court that attitude has very properly been reflected in
the submissions we heard. Thus the conclusions as to the cause of the
crash must and do stand.
Late in 1976 Air New Zealand decided to commence a series of
non-scheduled sightseeing journeys from New Zealand to the Ross
Dependency region and return to this country without a touch-down at any
intermediate point. They began with two flights in February 1977. There
were four further journeys in October and November 1977, four in
November 1978, and three more in November 1979--on 7th, 14th and 21st.
The accident flight was to be the fourteenth of the series. In 1977 the
designated route was one which used Cape Hallett on the north-eastern
point of Victoria Land as the first southern waypoint on the continent
itself en route further south either to a point adjacent to the Williams
ice landing field (near Scott and McMurdo bases) or alternatively the
south magnetic pole. One or other became the southernmost waypoint, the
magnetic pole destination being used at the discretion of the pilot if
weather conditions made the McMurdo area unsuitable for sightseeing.
Scott and McMurdo bases are located close together at the south-western
tip of Ross Island which forms the eastern coast of McMurdo Sound. On
the island there are four volcanic mountains including Mt. Erebus, the
highest, at 12,450 feet. The Sound itself, which is about 40 miles long
by 32 miles wide at the narrowest point, lies between mainland
Antarctica and Ross Island and for most of the year it is covered with
flat sea ice.
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