Tag: Bryan Leyland

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.

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.

Monckton and the big waka

Monckton tried to blink. His eyes were gritty and he could barely focus on the scribbled formulae on the pad before him — his crucial contribution to the redesign of Britain’s nuclear deterrent. The tiny screen of his Osborne transportable computer blinked lazily at him. His back was sore. The air in No 10 was very dry, and there was a racket going on outside the Cabinet Room. It sounded as if the functionaries were running every vacuum cleaner in Whitehall over the new dark blue carpets the blessed Margaret had installed. The scruffy red shagpile left by Callaghan was in a skip in Downing Street, and the Laird was glad to see the back of it. He was rather pleased with the shade he’d chosen, and even happier that Margaret had liked it. The shining light of modern conservatism entered the room, her bright halo and blue crimplene dress throwing a magical illumination onto the oak panelling. She strode to Monckton’s side and put her hand on his shoulder. A frisson of almost erotic excitement coursed down his spine and disappeared down a trouser leg. He dressed to the right.

“Chris. Wake up.” He opened his eyes and the recurring dream turned into the stuff of nightmare. The whiskery face of Bryan “British” Leyland, his devoted minder on this barnstorming tour of New Zealand, leered beerily into his face. Every bump of the ageing Toyota ute brought Leyland’s face ever closer to the Laird’s nose. He recoiled, elegantly.

Continue reading “Monckton and the big waka”

More Monckton madness: Agenda 21 means concentration camps for all

Christopher “I could be the next Pope” ((Seriously, he did write that — and “in one vital respect I am an eminently suitable candidate”, here.)) Monckton is no stranger to outrageous overstatement, but on his current tour of Australia he’s really been pushing the boat far out onto the sea of craziness that passes for his political philosophy. As well as his usual climate nonsense, he’s been telling his Aussie audiences all about a new bugaboo: Agenda 21 – the new face of fascism, apparently. This is how he describes it in an article titled Agenda 21’s Terror Down Under:

…the U.N.’s anti-irrigation, anti-pesticide, anti-farming, anti-business, anti-environment, anti-population, anti-human, anti-Western, anti-capitalist, anti-everything Agenda 21 program…

But what does this mean for humanity? UN-created concentration camps, as Monckton explained to an Aussie audience last month…

“The remaining few areas where the last few humans allowed to exist in America in what they call human settlement zones — and what we would call concentration camps — all ideas of freedom and individual liberty will have gone if this is implemented…”

Agenda 21 is a terrible UN plot that has got it in for everything we hold dear, as this slide from one of his talks handily summarises.

Continue reading “More Monckton madness: Agenda 21 means concentration camps for all”

Leyland joins the über cranks: signs up with serial liar O’Sullivan’s vanity “science” group

Bryan “the cooling is coming” Leyland, energy and economics spokesman for the NZ Climate “Science” Coalition, affiliate of various other coalitions, and a man with a penchant for writing to the UN Secretary General ((As I suggested, his fingerprints were all over the text.)), has joined Principia Scientific International, the internet home for the bewildered and deluded set up by John O’Sullivan, and chaired by Canadian crank Tim Ball. Vincent Gray, another NZ C”S”C luminary, has also joined the group.

Regular readers will recall that O’Sullivan has a long track record ((His PSI bio still includes the claim that he has written for the National Review, China Daily, and India Times, despite my pointing out this was a lie 18 months ago.)) of misrepresenting his background and making stupid errors of fact in his blog posts, so it is at least within the bounds of possibility that he is making all this up — but if we take what O’Sullivan writes at face value, then Leyland is now a member of an organisation that exists to deny the greenhouse effect. Just look at the titles of the two most recent articles posted to the PSI web site: Greenhouse Effect Refutation, and Absence of a Measurable Greenhouse Effect. But then as Leyland’s web site includes this chilling little observation…

The last sunspot cycle was 12.5 years and the previous one was 9.5 years. The evidence tells us that a 3 year increase in cycle length will result in cooling of at least 1°C. As the total amount of warming that has occurred since the early 1900s is 0.7°C, this is potentially very serious. We could be returning to the conditions in the little ice age.

…perhaps we shouldn’t be surprised that he has chosen to throw in his lot with the physics deniers O’Sullivan has gathered around himself. Not a good look, however, for someone who still pretends to have a grasp on reality. I wonder if the NZ media, ever prone to giving Leyland’s thoughts on climate an airing, will notice his retreat from the real world?