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What are Inquiries?
- Sole focus is finding truth and/or information
- Investigative
- Have a sense of flexibility in that they have the ability to approach issues without having the restrictions of the courts.
Air NZ v Mahon
- 28th November 1979
- Immediate port of call was to establish a statutory inquiry under the authority of the Civil Aviation Act
- Inquiry criticised Air NZ Management, but focussed mainly on poor visibility, as well as pilot error.
- Peter Mahon carried out inquiry and published report in 1981.
- Air NZ destroyed evidence such as pilot's diary and withheld information.
- Mahon resigned from HC, which highlighted issue that inquiries are to inquire, not to be a court.
- Classic example of unsure balance between red and green light theories
- Decisions of inquiries viewed in Air NZ case, as well as Peter v Davison that it reflects badly on the individual and seemingly becomes personal, when it is not.
Harlow and Rowling
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