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
"I believe that the cause as it stands (in the Chief Inspector's
report) is reasonable. As I attempted to clarify last time the
pilot has descended to 2000 ft and evidently is unable to see
anything ahead. I say 'evidently' because there is a snow slope
leading to a mountain rising to 12 450 feet and that was directly
in front of him. He 'popped down', to use his own words, another
500 feet and continued to progress towards an ice cliff which is
300 feet high, the lower 50 per cent of which is solid and bare
rock. And still he didn't perceive anything to persuade him to
divert from his track. To me this indicates it was an area of poor
definition and as such he would not be able to discern what he
could expect to see had he been, as various people suppose,
believing that he was proceeding down the McMurdo Sound. The sea
ice is by no means uniform in texture and during his descent he
would have seen the nature of the sea ice--in fact the photos from
the passengers indicate that it had large breaks in its surface and
was quite easily discerned so therefore I believe at the end of his
descent to 2000 ft he was confronted with a very vague area in
front of him which he may or may not have believed was cloud, and
when descending a further 500 feet the view ahead of him would have
been of equally poor definition. Despite this, he continued to the
point of 26 miles from destination as indicated presumably on the
AINS."
Mr. Chippindale's opinion has some background relevance in the present
case. It is in no way relevant because it differs from that of the
Commissioner upon the issue of causation. Already we have emphasized and
we do so once again that what was said in the Royal Commission Report
about the cause or causes of the accident must stand entirely unaffected
by these proceedings. But the opinion has some relevance because
although it was wrong, as the Royal Commission Report decided, the
Commissioner certainly did not consider it to be anything other than a
completely conscientious and honest attempt by Mr. Chippindale to
analyse and draw a rational conclusion from all the available facts. He
described Mr. Chippindale as a model witness. In the circumstances it is
difficult to understand why the same point of view Mr. Chippindale
expressed in his evidence could not be genuinely shared by other
educated observers.
We turn now to the relief sought by these various officers and the
airline itself.
The Claim for Relief
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