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Surprising wording in NIWA affidavit re BoM’s work – filed in New Zealand court case

August 4th, 2012 by Warwick Hughes

Originally posted Feb 2012 – taken down late March due legal reasons.

For newcomers – about a year ago I lodged a FOI request with the BoM to see documents relating to a “peer review” they had conducted for NIWA and I reported last May when the BoM decided that all the documents were secret.

Then last October I posted a progress report when the BoM found a few more documents from earlier in October 2010 than previous.

I currently have an appeal in with the OAIC.

The New Zealand Climate Science Coalition NZCSC has a long running court action underway against NIWA trying to obtain documents relating to the “official” NZ temperature history. The Climate Conversation site has much information on the court case.

I was sent me several NIWA affidavits from 2011 – the affidavit for 5 July 2011 is noteworthy as it contains some clauses showing that NIWA is trying to be specific about what the BoM has done. I quote from Clause 7 – “….the Bureau did not itself produce any peer review report…”

NIWA is saying that all that took place was a to & fro process of emailed comments and replies about material provided by NIWA – “iterative” as they say at the start of clause 7.

I note in the TM5 undated (April 2011) legal letter from the BoM to NIWA – in 2-2 it says “The review covering letter and final report…”

We have the covering letter public (14 Dec 2010 letter linked above) – but is NIWA now saying about the “final report” – that there is no such thing ?

List of six pdf court documents

Note the odd fact that whoever drafted the NIWA affidavits wrongly labels themselves in clause 1 by stating – “I am the plaintiff’s general counsel” The cover pages show NIWA is the defendant in these proceedings. Anyway – on with the list.

[1] Letter from NZ Ombudsman to NZCSC knocking them back June 2010.
[2] My 18 Feb 11 FOI letter to BoM – sent by BoM to NIWA in April – also attached is the 14 Dec 10 BoM public covering letter to NIWA.
[3] Legal letter from BoM to NIWA asking them for the “right stuff” to help BoM keep all the docs secret in Australia.
[4] Legal letter NIWA to BoM complying chapter and verse.
[5] Affidavit from NIWA 1 July 2011
[6] Affidavit from NIWA 5 July 2011 – with the fascinating clause 7.

Posted in BoM Australia, NZ Climate Science Coalition | 6 Comments »