Much the same applies to the other paragraphs affecting him which are
complained of. We have set them out in full and it will be seen that
they all relate to two flight bags. It had seemed that paragraph 359
(1), in its context, might have conveyed the impression that Captain
Gemmell had removed these bags from the McMurdo store and brought them
or their contents back from Antarctica. At our hearing, however, Mr
Davison, who was one of the counsel for the Pilots Association both
before the Commission and in this court, made it clear responsibly and
fairly that this is not suggested.

As to Captain Eden, it has already been stated that the transcript
shows that the allegation expressed or implied in paragraph 348 was
never put to him. Having said so plainly, we need only add as regards
this particular complaint that the allegation, although it would
naturally have caused concern to Captain Eden and Air New Zealand, was
not as serious as the others that are complained of.

Whether the Court has jurisdiction to quash particular passages in the
report in addition to the costs order is a difficult and technical
question. We prefer not to lengthen this judgment with an unnecessary
discussion of it.

In modern administrative law, as a result of developments in both case
and statute law, the power of the Courts to grant declarations and quash
decisions is wider than was thought in the _Reynolds_ case in 1909 (29
N.Z.L.R. at 40). It may be that in a sufficiently clear-cut case the
jurisdiction, either under the Act or at common law, will be found to
extend to parts of Commission reports even when they are not linked with
costs orders.