_and meeting prejudicial matter_.

In both the _Licensing_ and the _State Services_ cases the Commissions
were presided over by Supreme Court Judges. It is implicit in the
judgments that this status on the part of the Chairman does not
emancipate a Commission from judicial review on jurisdictional or
natural justice grounds. We hold that the position can be no different
when a High Court Judge is sole Commissioner. He will, however, have
the powers, privileges and immunities mentioned in s. 13 (1) of the
Commissions of Inquiry Act. For instance he will have immunity from
defamation actions.

A further important point, clear beyond argument, is that an order for
costs made by a Commission under s. 11 of the Commissions of Inquiry Act
is the exercise of a statutory power of decision within the meaning of
the Judicature Amendment Act 1972. Accordingly it is subject to judicial
review. The judgments in this Court in _Pilkington_ v. _Platts_ 1925
N.Z.L.R. 864 confirm that if an order for costs has been made by a
Commission acting without jurisdiction or failing to comply with
procedural requirements the Court will by writ or prohibition or other
appropriate remedy prevent its enforcement. We add that, notwithstanding
an argument by Mr Harrison to the contrary, we are satisfied that s. 11
was the only possible source of the Commissioner's power to award costs
and s. 13 was not and could not have been invoked.

The order for costs under challenge in the present case is the
Commissioner's order that Air New Zealand pay $150,000 by way of
contribution to the public cost of the inquiry. In our view there can be
no doubt that this order is and was intended to be, in the words of
Williams J. delivering the judgment of this Court in _Cock_ v.