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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 74 of 115 (64%)
thats (sic) not to reveal there had been this long standing error
in the co-ordinates and that is why the word McMurdo was relayed to
them. I take you would not agree with that"

Mr Hewitt said:

"Certainly not sir."

The suggestion had not been raised earlier at the Inquiry and it was not
mentioned by anybody subsequently. In particular it was not put to Mr
Brown himself when the latter was called to give evidence three months
later. However the Commissioner expressed his view upon the matter in
the following way. In paragraph 255 (e) he said this--

"In my opinion, the introduction of the word 'McMurdo' into the Air
Traffic Control flight plan for the fatal flight was deliberately
designed to conceal from the United States authorities that the
flight path had been changed, and probably because it was known
that the United States Air Traffic Control would lodge an objection
to the new flight path."

It will be observed that the last few words are qualified by "probably".
It appears that the Commissioner was told during a visit to Antarctica
that the United States authorities would not have approved a flight path
over Ross Island. But there was no evidence that Air New Zealand had
ever received an intimation from the United States authorities to that
effect or that the navigation section had reason to think they would so
object. The qualification seems to reflect that position. In the result,
when the findings in the two sub-paragraphs 255 (e) and (f) are put
together they reveal the theory that at one at the same time the
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