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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 by Duncan Ivor L. M. Richardson R. B. Cooke Sir Owen Woodhouse;Wallace McMullin;Sir Edward Somers
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excess of jurisdiction and in breach of natural justice.

One of the reasons for ordering the removal was that it was important
that the complaints be finally adjudicated on as soon as reasonably
practicable. We had in mind that the magnitude of the disaster--257
lives were lost--made it a national and indeed international tragedy, so
the early resolution of any doubts as to the validity of the report was
a matter of great public concern. Also the report contained very severe
criticism of certain senior officers of Air New Zealand. Naturally this
criticism must have been having damaging and continuing effects, as
evidenced for instance by the resignation of the chief executive, so it
was right that the airline and the individuals should have at a
reasonably early date a definite decision, one way or the other, on
whether their complaints were justified.

In the event the hearing in this Court was completed in less than six
days. We had envisaged that some further days might be required for
cross-examination, as there were applications for leave to cross-examine
the airline personnel and the Royal Commissioner himself on affidavits
that they had made in the proceedings. But ultimately the parties
elected to have no cross-examination--and it should be made clear that
this was by agreement reached between the parties, not by decision of
the Court. With the benefit of the very full written and oral arguments
submitted by counsel, the Court is now in a position to given judgment
before the end of the year.

We must begin by removing any possible misconception about the scope of
these proceedings. They are not proceedings in which this Court can
adjudicate on the causes of the disaster. The question of causation is
obviously a difficult one, as shown by the fact that the Commissioner
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