Tag: NIWA

NZ climate cranks’ trust folded, Brill et al try to escape justice

The New Zealand Climate Science Education Trust (NZCSET), the body established three years ago to bring a legal case against the National Institute for Water and Atmospheric Research (NIWA), has been put into liquidation without paying the costs awarded against it after its case failed — confirming my suspicion when the trust was formed that it had been created purely to protect the litigants from the consequences of a failed action. The NZCSET owes NIWA at least $89,238.90, but Steve Kilgallon at the Sunday Star Times reports that no monies have been paid:

NIWA chief executive John Morgan said it was still considering pursuing two of the trust’s key players – former wine journalist Terry Dunleavy, a Justice of the Peace and MBE, and retired lawyer Barry Brill, a former National MP – for the money, but was waiting for the liquidation process to finish.

He added: “On the surface it looks like the trust was purely for the purpose of taking action, which is not what one would consider the normal use of a charitable trust”.

Kilgallon also spoke NZCSET trustee Bryan Leyland:

Trustee Bryan Leyland, when asked about its assets, said: “To my knowledge, there is no money. We spent a large amount of money on the court case, there were some expensive legal technicalities.”

Funding had come “from a number of sources, which are confidential”.

Leyland thus confirms — perhaps inadvertently — that the NZCSET was created solely to bring the court action, and to protect its own trustees from the consequences of their actions. It was apparently able to find “a large amount of money” to pay its lawyers to run the action, but not to pay the costs awarded against it.

A quick look back at some of the dates associated with the trust and its case against NIWA is instructive:

  • The NZCSET’s Statement of Claim against NIWA was filed in the High Court on July 5th 2010.
  • The NZCSET’s Deed of Trust is dated July 30th, so the trust did not exist at the time the case began.
  • The NZCSET’s registration as a trust was not granted until August 10th, shortly before news of the case hit the press.
  • In the two and a half years since the formation of the NZCSET there is no sign that the trust attempted to meet any of its stated educational objectives.

It is quite clear from the actions of the trust, and the glib statements made by its trustees, that it was never intended to do anything other than bring a case against NIWA. It was always a legal manoeuvre — an attempt to hide the perpetrators of a piece of politically and ideologically-inspired tomfoolery behind NZ trust law.

If NIWA decides not to pursue Dunleavy, Leyland and Brill for restitution of its legal costs, then the NZ taxpayer will have to pick up the bill. Even if funds are forthcoming, they will not cover the huge waste of scientist and management time spent in handling the case. Having failed to make warming go away by litigation, they must now face up to the heat of public outrage at their scandalous misuse of public money.

Prat watch #13: still crazy, after all these years

There’s a parallel world out there — the planet inhabited by climate cranks and deniers. It’s a world where you can say whatever you like, be as wrong as you like, be shown to be wrong repeatedly, even comprehensively lose court cases, and yet you never have to say you’re sorry, or admit to your mistakes. It seems incredible to those of us who have to deal with reality, but there are people out there who will hang on your every word and take it as gospel, however outrageously wrong it may be. The latest dazzling effulgence from the pen of Richard Treadgold is a fine example of the genre. And yes, he is still banging on about NIWA and the NZ temperature record:

First, for the serially dishonest critics of our persistence on this topic, let me explain (yet again) that we have never disagreed with the occasional need for adjustments, we merely wish to know how NIWA makes them.

The serial dishonesty on display is Treadgold’s own. Here’s what he had to say when he launched this sad fiasco back in 2009:

The shocking truth is that the oldest readings have been cranked way down and later readings artificially lifted to give a false impression of warming, as documented below. There is nothing in the station histories to warrant these adjustments… [my emphasis]

I struggle to see how this statement is congruent with Treadgold’s re-imagining of history in his latest post. But he’s capable of much worse, it seems…

After all these years, after questions in the Parliament, a court case and an aborted appeal, newspaper and blog articles, radio reports and private emails, NIWA scientists have still not told us how they make the adjustments.

That’s an outright lie. NIWA published an exhaustive account of the methods they used when calculating their latest long term NZ temperature record — which turned out to be more or less identical to the old one. There are 169 pages of excruciating ((Sorry, Brett and the team!)) detail — as Treadgold well knows, because he links to it from his article one paragraph later! The mind boggles at the mental — er, agility — required to contradict yourself so comprehensively in the space of so few words, in a post headlined Epic fail, NIWA! Your methods are a global secret.

Continue reading “Prat watch #13: still crazy, after all these years”

Crusaders of the lost wallet: NZ’s climate cranks lose costs case

News reaches HT (hat tip to Rob Taylor) that the Appeal Court has rejected the NZ Climate “Science Education” Trust’s appeal for a reduction in the costs awarded against them when they lost their original case against the National Institute of Water and Atmospheric Research over the New Zealand temperature record. This latest judgement finds that the NZCSET “did not act reasonably”, and has “mounted something of a crusade against NIWA’s records” (excerpts courtesy of Rob Taylor here).

The judgement comes as no surprise to members of the reality-based community, but the final failure of their futile finagling leaves Barry Brill, Richard Treadgold and the trustees of the NZCSET with questions to answer. I posed three, as yet unanswered, questions last time I covered this issue. To keep things simple for these bears of little legal brain, this time I’ll only ask two.

Are you planning to meet the costs awarded against you? If not, why do you think you should be above the law you so egregiously abused in bringing the case in the first place?

The trustees of the NZCSET are Bryan Leyland, Doug Edmeades and Terry Dunleavy. One rather hopes they have deep pockets…

The last refuge of scoundrels

Tomorrow, in the Appeal Court in Wellington (pdf), Justices Harrison, French and Miller will hear argument in the case of the NZ Climate Science “Education” Trust (NZCSET) versus the National Institute for Water and Atmospheric Research (NIWA), in the continuing effort of the cranks to litigate away warming in New Zealand over the last 150 years. According to the man who kicked off the whole process, Richard Treadgold of the “Climate Conversation” web site, the NZCSET bases its appeal on two main points:

The focussed grounds are that all three NIWA temperature series resulted from serious mistakes of fact, which impugned the rationality of the Crown Entity’s decisions.

This seems somewhat surprising, given that the judge in the original case was so scathing of the NZCSET’s expertise in his judgement delivered a year ago. One wonders how the Appeal Court will react to any attempt to relitigate the original decision, given Justice Venning’s findings. But then perhaps the whole appeal has rather more to do with the second basis for appeal:

The Coalition is also seeking reversal of the High Court’s costs order.

Costs of $118,000 were awarded against the NZCSET — a trust formed specifically to bring the original court case, and which did not legally exist until weeks after the original court documents were filed. Could it be that the trustees of the NZCSET, being Terry Dunleavy, Bryan Leyland and Doug Edmeades ((According to the certificate of incorporation: go here, click on Register Search, insert 2539286 in the appropriate box, and click “search”.)), aren’t happy to pay the costs incurred by their leader and legal eagle, Barry Brill? One hopes that they’re not planning to fold the trust in the event that their appeal isn’t successful, thus avoiding having to pay NIWA’s costs. After all, they founded the trust with lofty aims:

… to promote a heightened awareness and understanding of, and knowledge about, the climate, environment and climate and environmental issues among scholars and researchers, members of the professions and members of the public… (see Sec 4.1.1 of the certificate)

I have a few questions for the trustees:

  • How much money has the trust disbursed amongst scholars and researchers since it was established on July 30, 2010? Over three years of fund raising and charitable endeavour has surely delivered more than a footling little court case?
  • In what ways, other than by bringing an unsuccessful court case, has the trust “heightened awareness and understanding of climate”?
  • In the event that you are unsuccessful in your appeal, are you planning to pay up in full for the costs awarded against you by Justice Venning? If not, why not?

I eagerly await assurances from the NZ Climate Science Education Trust that their laudable education effort continues, and that it has adequate funds to meet the costs they’ve incurred by taking NIWA to court. No doubt they will have plans for further and more productive education efforts in the near future. But I won’t be holding my breath…

Update: Tuesday 15th @ 3-50pm

Word reaches me that the NZCSET have just capitulated and abandoned their appeal against Justice Venning’s decision — in other words, a comprehensive victory for NIWA and a further vindication of the work done by their team on the NZ temperature record. The Appeal judges have reserved their judgement on costs, but it’s possible that the NZCSET’s legal bill might just have increased a fair bit.

The big warm: NZ heading for warmest-ever winter

If you think it’s been a warm winter in New Zealand, you’re right. NZ is rapidly approaching the end of a record-breaking winter — the warmest for at least 150 years ((Reliable temperature records in NZ date back to the 1860s.)). Calculations by Auckland climate scientist Jim Salinger show that NZ’s average temperature for June/July/August is running at 9.5ºC, a remarkable 1.2 deg C above the 1971-2000 average, and comfortably ahead of 1998’s old record of 9.3ºC. Commenting on the numbers, Salinger notes the absence of cold snaps in recent months:

The door to cold spells from the Southern Oceans — apart from a brief surge in June — has been well and truly closed this winter. September-like temperatures have been occurring throughout August, giving the country its warmest winter and August ever.

The long term warming signal is clear, he says:

The clearest climate warming signal is seen in winter, where temperatures are now 1.1 deg C warmer than they were around 1870. The warming trends have been very consistent, especially since the 1950s, when frosts days have decreased dramatically across the country.

I can certainly vouch for the absence of frost. At Limestone Hills, we recorded 19 frost days in 2011 and 23 in 2012 ((For the full year. Frost days are any day where the temp falls below zero, and are unusual (1 – 2 a year) after August.)), but only 6 so far this year. Evidence of winter warmth can be seen in gardens around the country. The asparagus spear pictured above first poked its head out of our soil two weeks ago, and is now being joined by half a dozen more — at least a month earlier than normal for North Canterbury.

To unpick just why this winter’s been so warm, I asked VUW climate scientist Jim Renwick to look back at the atmospheric circulation set-up in the New Zealand region. Here’s his (lightly edited) analysis:

Continue reading “The big warm: NZ heading for warmest-ever winter”