The position is less clear as regards the other paragraphs complained of.  For various reasons they are all in a marginal category.  What has been said in this judgment may help to enable them to be seen in perspective.  On balance we would not be prepared to hold that as to these other paragraphs the applicants have made out a sufficiently strong case to justify this Court in interfering, assuming that there is jurisdiction to do so.

In the result, the application for review having succeeded on the main issue, we see no need to and are not prepared to go further in granting relief.  Our decision is simply that the $150,000 costs order be quashed on the grounds already stated.

As to the costs of the present proceedings, they should be reserved, as there has been no argument on the matter.

Solicitors

Russell McVeagh McKenzie Bartleet & Co., Auckland, for First and Second
Applicants.

Sheffield Young & Ellis, Auckland, for Third Applicant.

Crown Law Office, Wellington, for First, Fourth and Sixth Respondents.

Keegan Alexander Tedcastle & Friedlander, Auckland, for Fifth
Respondent.

C.A. 95/81

In the Court of Appeal of New Zealand—­Between Air New Zealand Limited. 
First Appellant, and Morrison Ritchie Davis, Second Appellant, and Ian
Harding Gemmell, Third Appellant, and Peter Thomas Mahon, First
Respondent, and the Attorney-General, Fourth Respondent, and New Zealand
Airline Pilots Association, Fifth Respondent, and the Attorney-General,
Sixth Respondent.

Coram

Woodhouse P.
Cooke J.
Richardson J.
McMullin J.
Somers J.

Hearing

5th-12th October 1981.

Counsel

L.W.  Brown, Q.C., for first and second appellants, with R.J.  McGrane.

D.A.R.  Williams for third appellant, with L.L.  Stevens.

G.P.  Barton for first respondent, with R.S.  Chambers.

C.J.  McGuire for fourth respondent (Civil Aviation Division)—­leave to withdraw.

A.F.  MacAlister for fifth respondent, with P.J.  Davison.

W.D.  Baragwanath for sixth respondent, with G.M.  Harrison.

Judgment

22 December 1981

JUDGMENT OF WOODHOUSE P. AND McMULLIN J.—­DELIVERED BY WOODHOUSE P.

On 28th November 1979 a DC10-30 aircraft owned and operated by Air New Zealand Limited crashed during daylight hours at a point 1465 feet above mean sea level on the ice-covered lower slopes of Mount Erebus in the Antarctic.  It was a tragedy in which 257 lives were lost.  The magnitude of the disaster resulted in two separate investigations into the causes of and circumstances surrounding the accident.  The second inquiry took the form of a Royal Commission appointed by Letters Patent and also pursuant to the provisions of the Commissions of Inquiry Act 1908.  Mr Justice Mahon, a Judge of the High Court at Auckland, was appointed sole Commissioner on 11th June 1980.  He prepared the Commission’s Report and presented it on 16th April 1981.