Court of Appeal awards costs to NIWA

The Court of Appeal has awarded costs to NIWA following a decision by the New Zealand Climate Education Trust to withdraw its appeal against a High Court ruling which confirmed the integrity of NIWA's climate science.

The Court of Appeal has awarded costs to NIWA following a decision by the New Zealand Climate Education Trust to withdraw its appeal against a High Court ruling which confirmed the integrity of NIWA's climate science.

The awarding of costs was made this week by Justice Miller after the trust – which had accused NIWA of misinterpreting climate data - withdrew its appeal last month. The Judge said the appeal could not have succeeded and the trust "cannot claim to have acted reasonably".

NIWA Chief Executive John Morgan said he was pleased the court had awarded costs to NIWA.

"We never doubted the excellence and integrity of our science and our scientists and have always rigorously defended the robustness and professionalism of our work."

In the Judicial Review hearing before the High Court in 2012, Justice Venning was unequivocal in his findings in support of NIWA, reinforcing NIWA's professionalism and credibility in climate science. "NIWA applied credible scientific methodology and as such did not breach any obligation it may have to pursue excellence," he said, and "the methodology applied by NIWA was in accordance with internationally recognised and credible scientific methodology."

The High Court in 2012 awarded costs in NIWA's favour and the decision by the Court of Appeal was consistent with that, Mr Morgan said. 

John Morgan, NIWA Chief Executive