In the course of the survey that has been made up to this point we have
commented upon the nature and significance of the various challenged
paragraphs in the Report. It is unnecessary to traverse the same subject
matter once again and we simply remark that the applicants have
justified their complaints concerning the way in which the findings have
been reached.


Award of Costs

We have explained earlier in this judgment that an order for costs was
made against Air New Zealand in favour of parties other than the Civil
Aviation Division. As a matter of company policy the airline decided
that it would comply with that order although in doing so it has made no
admission that the order was validly made. In addition, however, the
airline was ordered to pay the Department of Justice the large sum of
$150,000 by way of contribution to the public cost of the inquiry. It is
that last order which is challenged in the present proceedings on two
grounds. The first is that the award involved a wrong exercise of the
discretion provided by s. 11 of the Commissions of Inquiry Act 1908. The
second ground is that in any event no award greater than $600 could be
made by reason of Rule III of rules made in terms of the statute and
gazetted on 11th February 1904.

The reasons given by the Commissioner for making the respective orders
against Air New Zealand are set out in a passage from the appendix to
the Report which is mentioned in this judgment under the heading
"Airline's attitude at Inquiry". And on behalf of the Attorney-General
it is said that the discretion was properly exercised for reasons
expressed to be related to "conduct at the hearing (which materially and