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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
page 68 of 115 (59%)
There is a further argument of the navigation section which is
summarized in paragraph 230 (e)--

"It was submitted that an alteration to the McMurdo waypoint to
facilitate better sightseeing was not valid because flight captains
had a discretion to deviate horizontally from the flight plan
track."

The Commissioner accepted that point as "a valid objection" in answer to
the suggestion that the move had been deliberate (paragraph 236).

However when he came in paragraph 255 (a) to express his final
conclusion upon this general question he initially said this--

"The first question is whether the programming of the McMurdo
waypoint into the 'false' position before the commencement of the
1978 flights was the result of accident or design. On balance, it
seems likely that this transposition of the McMurdo waypoint was
deliberate."

There is reference at that point to a track and distance diagram
indicating a track down McMurdo Sound, and the sub-paragraph then
continues--

"So as I say, I think it likely that the change of the McMurdo
destination point was intended and was designed by the Navigation
Section to give aircraft a nav track for the final leg of the
journey which would keep the aircraft well clear of high ground."

Then the final portion of paragraph 255 (a) leaves the matter in the
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