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 relation to the cover-up allegations that have been made against the
executive officers some reference should be made to their knowledge or
otherwise of the freak meteorological condition known as "the whiteout
phenomenon". Did they know or suspect that such a condition must have
been an explanation for what happened and yet still be determined as the
Commissioner found, to promote pilot error as the cause of the crash?
It is something that can be mentioned quite briefly. The Royal
Commission Report has made it clear the phenomenon can result in a loss
of horizon definition and depth perception and is a great hazard for
those who fly in arctic or antarctic conditions. The Commissioner found
that at the critical time "air crew had been deceived into believing
that the rising white terrain ahead was in fact quite flat and that it
extended on for many miles under the solid overcast". This danger is
something well known to those who fly regularly in those areas.
Unfortunately it is not so well known by others, and as the Commissioner
stated in paragraph 165 it was not understood by any of those involved
in this case. He said:
"So far as I understand the evidence, I do not believe that either
the airline or Civil Aviation Division ever understood the term
'whiteout' to mean anything else than a snowstorm. I do not believe
that they were ever aware, until they read the chief inspector's
report, of the type of 'whiteout' which occurs in clear air, in
calm conditions, and which creates this visual illusion which I
have previously described and which is, without doubt, the most
dangerous of all polar weather phenomena."
It would seem that if those at airline headquarters were unaware of the
deceptive dangers of the whiteout phenomenon they could not have
deliberately ignored it as a factor that should be taken into account in
favour of the aircrew.
Instructions of the Chief Executive
In paragraph 41 and following paragraphs there is reference to "what
happened at the airline headquarters at Auckland when the occurrence of
the disaster became first suspected and then known". It is explained
that the navigation section became aware of the fact that when the
McMurdo waypoint co-ordinates were corrected in November 1979 the
movement was not one of 2.1 miles within the vicinity of Williams Field
but a distance of 27 miles from longitude 164° 48' E; and that "by 30
November the occurrence of this mistake over the co-ordinates was known
not only to the Flight Operations Division but also to the management of
the airline. In particular it had been reported to the Chief Executive
of Air New Zealand, Mr. M.R. Davis". At that point there follows the
serious allegation in paragraph 45 already cited--
"The reaction of the chief executive was immediate. He determined
that no word of this incredible blunder was to become publicly
known."
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