the disaster, and were not responsible for its occurrence."


Jurisdiction to Review

Several important questions arise in this case. Is there jurisdiction in
the Courts to review in such a context as this taking into account the
ambit of ss. 3 and 4 of the Judicature Amendment Act 1972? And if there
is such power is it by reason of the award of costs in this case? Or on
grounds relating to excess of jurisdiction on the part of the
Commissioner? Or considerations of natural justice? Or by reference to
all three of those matters? For the reasons that follow we are satisfied
that the findings are reviewable and that each one of those three
matters is properly within the scope of the Court's jurisdiction.

As already mentioned, the proceedings are by way of application for
review under the Judicature Amendment Act 1972 and are directed against
certain findings in the Report, to which we have referred. The
applicants claim that those findings are invalid, in excess of
jurisdiction or made in circumstances involving unfairness or breach of
natural justice. They seek declarations to that effect and orders
setting aside the findings and quashing the order that Air New Zealand
pay $150,000 as a contribution to the public cost of the inquiry. It is
necessary to consider whether under the Act the Court has jurisdiction
to grant such relief in this case.

By ss. 3 and 4 of the Act relief may be granted only where a "statutory
power" is involved. That term includes a "statutory power of decision".
Since liberalizing amendments made in 1977, "statutory power" includes
power conferred by or under any Act "to make any investigation or