Commission depends on the common law and the division of powers in the
Australian Constitution. Under the New Zealand Act a Commission can be
given a statutory source for its basic authority even if it is a Royal
Commission and has a prerogative source as well.

The Erebus Commission was appointed to inquire into the causes and
circumstances of the crash. Among the particular questions referred to
it was:

(g) Whether the crash of the aircraft or the death of the
passengers and crew was caused or contributed to by any person
(whether or not that person was on board the aircraft) by an act or
omission in respect of any function in relation to the operation,
maintenance, servicing, flying, navigation, manoeuvring, or air
traffic control of the aircraft, being a function which that person
had a duty to perform or which good aviation practice required that
person to perform?

All the terms of reference fall well within s. 2 (e). The Commission was
not appointed to inquire into allegations of crime so we are not now
called upon to go into the question whether a Royal Commission can be
appointed for such a purpose, on which New Zealand and Australian
authorities diverge (see _In re The Royal Commission on Licensing_
(1945) N.Z.L.R. 665, 679; and D.R. Mummery "Due Process and
Inquisitions", 97 L.Q.R. 287). Nevertheless paragraph 377 of the Royal
Commission Report contains findings of organized perjury. The judgment
in the leading New Zealand case, _Cock_ v. _Attorney-General_, while
denying that the prerogative can authorize a Commission with the main
object of inquiring into alleged crimes, recognizes at p. 425 that a
Commissioner may investigate an alleged crime if to do so would be