No. 65

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF
THURSDAY, 5 JUNE 1980
Published by Authority

WELLINGTON: WEDNESDAY, 11 JUNE 1980

Royal Commission to Inquire Into and Report Upon the
Crash on Mount Erebus, Antarctica, of a DC-10 Aircraft
operated by Air New Zealand Limited

ELIZABETH the Second, by the Grace of God Queen of New
Zealand and Her Other Realms and Territories, Head of
the Commonwealth, Defender of the Faith:

To our Trusty and Well-beloved The Honourable PETER
THOMAS MAHON, of Auckland, a Judge of the High
Court of New Zealand:

GREETING:
WHEREAS, on the morning of the 28th day of November 1979,
a DC-10 Series 30 aircraft, operated by Air New Zealand
Limited and bearing the nationality and registration marks
ZK-NZP, took off from Auckland, at the beginning of a
flight designated as Flight TE 901, a scenic passenger flight
over Antarctica:

And whereas the next point of intended landing of the
aircraft, after taking off from Auckland, and flying over
Antarctica, was Christchurch:

And whereas, on the 28th day of November 1979, the
aircraft crashed on the slopes of Mount Erebus, Antarctica,
in the course of Flight TE 901:

And whereas the crash of the aircraft resulted in the
total loss of the aircraft and in the death of all persons,
believed to have numbered 257, on board:

And whereas, on the 28th day of November 1979, the
aircraft was a New Zealand aircraft and Air New Zealand
Limited was both the registered owner and the operator of
the aircraft:

And whereas it is expedient that inquiry should be made
into the causes and circumstances of the crash:

KNOW YE that We, reposing trust and confidence in your
integrity, knowledge, and ability, do hereby nominate, con-
stitute, and appoint you, the said The Honourable PETER
THOMAS MAHON to be a Commission to inquire into
and report upon:

(a) The time at which the aircraft crashed:
(b) The cause or causes of the crash and the circumstances
in which it happened:
(c) Whether the aircraft and its equipment were suitable
for Flight TE 901?
(d) Whether the aircraft and its equipment were properly
maintained and serviced?
(e) Whether the crew of the aircraft held the appropriate
licences and ratings and had adequate experience to
make Flight TE 901?
(f) Whether, in the course of Flight TE 901, the aircraft
was operated, flown, navigated, or manoeuvred in a
manner that was unsafe or in circumstances that
were unsafe?
(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, main-
tenance, 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?
(h) Whether the practice and actions of the Civil Aviation
Division of the Ministry of Transport in respect of
Flight TE 901 were such as might reasonably
be regarded as necessary to ensure the safe operation
of aircraft on flights such as TE 901?
(i) The working and adequacy of the existing law and
procedures relating to—
(i) The investigation of air accidents; and
(ii) In particular, the making available to inter-
ested persons of information obtained during the
investigation of air accidents;
(j) Any other facts or matters arising out of the crash that,
in the interests of public safety, should be known
to the authorities charged with the administration of
civil aviation in order that appropriate measures
may be taken for the safety of persons engaged in
aviation or carried as passengers in aircraft:

And for the better enabling you to carry these presents
into effect you are hereby authorised and empowered to
make and conduct any inquiry or investigation under these
presents in such manner and at such time and place as you