Cranks lose court case against NZ temperature record, NIWA awarded costs

The attempt by NZ’s merry little band of climate cranks to have the NZ temperature record declared invalid has ended in ignominious defeat. In his ruling [PDF], handed down today, Justice Venning finds:

The plaintiff does not succeed on any of its challenges to the three decisions of NIWA in issue. The application for judicial review is dismissed and judgment entered for the defendant. [and] The defendant is entitled to costs.

It will be interesting to see whether the NZ Climate Science Education Trust, which was established purely to bring this action, is able to stump up to cover NIWA’s costs. If it doesn’t, the NZ taxpayer will be left to pick up the bill for this absurd bit of political grandstanding by the Climate “Science” Coalition.

In his decision, Justive Venning makes a number of interesting points, noting in paragraph 48:

This Court should not seek to determine or resolve scientific questions demanding the evaluation of contentious expert opinion.

Embarrassingly for the CSET, the judge also finds that two of its “experts” were nothing of the sort, declaring large chunks of their “evidence” inadmissible. Here’s the judge on former journalist Terry Dunleavy [par 51]

Section 25 could only apply if Mr Dunleavy was an expert in the particular area of the science of meteorology and/or climate. He is not. He has no applicable qualifications. His interest in the area does not sufficiently qualify him as an expert. I also accept Mr Smith’s further point that Mr Dunleavy’s views are not capable of offering substantial help to this Court on the issue that it has to determine. To that extent I agree that substantial passages of Mr Dunleavy’s evidence are inadmissible.

And in par 53, referring to the CSET’s stats man:

Similar issues (as to the limited nature of his expertise), apply to the evidence of Mr Dedekind.

[54]… Mr Dedekind’s general expertise in basic statistical techniques does not extend to any particular specialised experience or qualifications in the specific field of applying statistical techniques in the field of climate science. To that extent, where Mr Dedekind purports to comment or give opinions as to NIWA’s application of statistical techniques in those fields, his evidence is of little assistance to the Court.

The judge also noted that the other expert witness relied on by the NZ CSET, Bob Carter, also made a number of mistakes in his evidence. Not a good look…

I did have to laugh out loud at one point (not something that often happens when reading a judgement), when reading the judge’s comments on the original NZ CSET submissions:

Both the original statement of claim and the first amended statement of claim were prolix.

One wonders who brought a shine to those words…

No doubt the crank spin machine will be hard at work to try to salvage something from this train wreck, but it’s hard to see how. Common sense has prevailed. Warming remains unequivocal, and can’t be ruled inadmissible — unlike the Coalition’s precious “experts”.

[Update: Leading Climate Scientists Welcome Judge’s Decision on Temperatures

Associate Professor James Renwick of Victoria University said he was pleased that the court had respected and reaffirmed the credibility of the scientific process. It was a strong message to those wanting to challenge widely-agreed scientific findings to do so honestly and openly in scientific forums.

…and…

… the case represents a massive waste of New Zealand tax payer’s funds. In defending the claim, NIWA has spent a huge amount (estimated at well over $100,000) and has diverted a number of its scientists away from their research. The country can ill afford to waste such an amount. “This misguided action of a small group adds confusion to a simple issue – the world is warming and future generations of New Zealanders will have to deal with the consequences” Dr Renwick said.

The press release was prepared and endorsed by:

Associate Professor James Renwick, School of Geography, Environment and Earth Sciences, Victoria University of Wellington
Professor Jim Salinger, currently visiting Stanford University
Professor Martin Manning, Climate Change Research Institute, Victoria University of Wellington
Professor Peter Barrett, Antarctic Research Centre, Victoria University of Wellington
Professor (Emeritus) Blair Fitzharris, University of Otago
Professor Keith Hunter, Pro-Vice Chancellor Science, University of Otago ]

Cranks in court: sciblogs podcast plug

This week’s Sciblogs podcast is something of a climate special. The Science Media Centre’s Peter Griffin opens the show by talking to me about the High Court hearing of the case brought against NIWA by Barry Brill and his boys, and then discusses what we know about the state of the climate with Jim Renwick, now ensconced at Victoria University. Peter also talks to Dr Melanie Massaro about her paper Trapped in the postdoctoral void. You can listen to the podcast at Sciblogs, or subscribe via iTunes or Stitcher. Recommended.

Warming in Wellington

In this guest post, first published last week in the Dominion Post, Jim Salinger looks at the long term temperature record for Wellington, and how it has been constructed. Jim’s currently the Lorry Lokey Visiting Professor in the Program in Human Biology at the Woods Institute for the Environment at Stanford University in California.

Climate scientists want to monitor how climate is changing and global warming progressing. This is particularly pertinent as this week the New Zealand Climate Science Education Trust are currently being heard in the Auckland High Court to try to persuade a judge to invalidate New Zealand’s temperature records which have been compiled and collected by the National Institute of Water and Atmospheric Research and the former government agencies. The coalition asserts the only way NIWA can claim a warming trend of 1°C over the past century is by cooking the books.

This century climate scientists are very interested in tracking climate as human factors are going to be the dominant influence on climate this century, save a meteor crashing in to the planet. They are interested in adjusting the readings as though they are taken from one location in an area. Wellington has one of the longest and best climate records of any region in New Zealand. This is why climate scientists carefully adjust temperature records.

When Sir James Hector, Director of the Colonial Museum in Wellington in the 1860s established a network to monitor New Zealand’s weather and climate, the primary stations were established for weather forecasting, so the priority on permanency of location of a climate monitoring site for climate change was lower. However we are indebted to Sir James’s Scottish heritage as in setting up the network he purchased precision thermometers which were housed in Stevenson screens to ensure consistency. Observations were taken under standard conditions, in his words ‘rigorous….’. This has given us a legacy of climate monitoring under rigorously enforced methods with very reliable observations from the 19th century, the envy of many countries.

Continue reading “Warming in Wellington”

When asses go to court

Perhaps the least interesting aspect of the High Court hearing which started today — the NZ Climate “Science Education” Trust (NZCSET) versus the National Institute of Water and Atmospheric Research (NIWA), before Justice Venning — is the ostensible casus belli, the construction of a long term temperature record for New Zealand. The law does not concern itself with trifles, and the minutiae of the techniques used to homogenise temperature records to account for site moves and instrument changes is nothing if not trifling with respect to the climatological big picture. New Zealand and the world have warmed significantly over the last 150 years, of that there is no doubt, and no amount of legal action will make warming go away and New Zealand’s glaciers recover the mass they’ve lost.

Nor has the the long term New Zealand temperature record been important to the formulation of government policy on climate change. That has relied on international diplomacy, the workings of the United Nations and the international consensus on the science of climate, all leavened with a healthy dose of local politics. The NZ temperature record played no part in either the design of the emissions trading scheme or its watering down.

So if this case is not about temperature records and their relevance to government policy, what is it about? We need to consider a few key questions.

  • Who is bringing the action?
  • Who is paying the lawyers?
  • Who wins, and who loses?

The answers are bad news for the taxpayers and citizens of New Zealand — and perhaps the world.

Continue reading “When asses go to court”

Exclusive: Flat Earth Society appeal to NZ climate sceptics – join us!

discworld.jpgAs New Zealand’s climate “science” coalition, in the guise of the NZ Climate Science Education Trust gets its day in court in its long running attempt to get the NZ temperature record declared invalid, a mole inside the Flat Earth Society has sent me the text of a letter being handed out to the CSET and its representatives outside the High Court in Auckland this morning. It is self-explanatory…

Updated 10-40am: By the miracle of modern technology, we have an image of the Flat Earthers in action, or perhaps inaction…

FESoc

An Open Letter and Appeal to Lords Terence Dunleavy and Bryan Leyland of the Climate Science Education Trust.

On this day 16 July in the year 2012 in the Northern Township of Auckland, Middle Earth.

On the Occasion of the Lords’ Good Endeavours to Strike Down the temperature muddlings of the Dark Lords of the National Institution of Water and Atmosphere in the High Court of our Land.

Hear Ye Honourable and Esteemed Lords of Middle Earth.

We of the Flat Earth Society would like to extend to you a hand of friendship and solidarity.

For too long charlatans have used the black magic of peer-reviewed science to hide truthes from the public. They have falsified moon landings, spread the lie of global warming, and most dastardly of all, they say the earth is round! We at the Flat Earth Society have had centuries of experience in dealing with such fabrications.

At last, we have found another, like-minded group of lonely souls such as the Climate Science Education Trust who are bravely fighting the wave of charlatan science.

Continue reading “Exclusive: Flat Earth Society appeal to NZ climate sceptics – join us!”