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
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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
At the beginning of this judgment a different aspect of paragraph 45 is
explained by contrast with the following paragraph 46 which correctly
summarizes instructions given by Mr Davis for the disposal of surplus
copies of documents lest they be leaked to the news media. In paragraph
46 it is explained by the Commissioner that "his instructions were that
_only copies of existing documents were to be destroyed_. He said that
he did not want any surplus document to remain at large in case its
contents were released to the news media by some employee of the
airline. The chief executive insisted that his instructions were that
all documents of relevance were to be retained on the single file"
(emphasis added). There was no evidence before the Royal Commission to
any contrary effect. But in the preceding paragraph a different
impression is given. The relevant part of paragraph 45 reads--
"He directed that all documents relating to Antarctic flights, and
to this flight in particular, were to be collected and impounded.
They were all to be put on one single file which would remain in
strict custody. Of these documents"--
that is, _all_ documents relating to the Antarctic flights--the sentence
continues:
"all those which were not directly relevant were to be destroyed.
They were to be put forthwith through the company's shredder."
Then in paragraph 54 the actual instruction is taken into a further
dimension where it is described as "this direction on the part of the
chief executive for the destruction of 'irrelevant documents'". And one
serious complaint made by the applicants about the Royal Commission
Report is that what could be an understandable direction for the
_retention_ of one copy on a master file _of all relevant documents_ has
become an unacceptable instruction that _irrelevant documents_ (related
to the Antarctic flights nonetheless) _should be destroyed_. We think
the complaint is justified.
At the same early stage of the Report the Commissioner gave his
attention to the question as to what if anything was done about the
suppression of documentary evidence. He said in paragraph 52:
"As will be explained later, there was at least one group of
documents which certainly were in the possession of the airline as
from the day following the disaster, and which have never been seen
since. I am referring here to the flight briefing documents of
First Officer Cassin.... (He) had left his briefing documents at
home. They were recovered from his home on the day after the
disaster by an employee of the airline. As I say, they have never
been seen since."
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