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.

Denial Tango 2014

Here’s a new recording by Aussie group Men With Day Jobs of their climate classic The Denial Tango, accompanied by a rather striking video. Men With Day Jobs are Rod Crundwell, Stafford Sanders and Kim Constable (from left to right in the pix in the video) and their new album “Deep in Denial” is due for release early next year.

I’d go with Tony Abbott, It’s just a load of crap

This round-the-world disaster is an evil greedy trap

‘Cause everybody knows the world is flat

I posted the full lyrics back in 2011

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”

People talkin’ about science (and water)

To kick off a new open thread (biofarmer, that’s you I’m looking at), here’s the IPCC’s new/latest video, in which various lead authors and Working Group 1 luminaries talk about the state of our understanding of the physical science of climate. You may also wish to discuss — anything. Have at it…

Lip service: NZ government infested with climate denial

Over the last few years I’ve documented the current NZ government’s lackadaisical attitude to climate change policy. They’ve gutted the emissions trading scheme and dismantled sensible initiatives, ensuring that NZ emissions are on course to grow steeply. Last night, TV3 News asked three senior cabinet ministers whether they believed in the reality of climate change, and two of the three couldn’t quite find it in their hearts to endorse simple reality. Here’s my transcription of their responses:

Gerry Brownlee (minister for Canterbury Earthquake Recovery, Transport, Leader of the House, #3 in the hierarchy):

Well, I think climate change is something that has happened always, so to simply come up and say, look, it’s man-made, is an interesting prospect.

Bill English (deputy PM, finance minister, #2 in the hierarchy):

There’s some impact… [edit] we should uncritically follow the Green’s extreme views about these things, well, many of us don’t.

By way of contrast, climate change minister Tim Groser was unequivocal:

Absolutely, the evidence is overwhelming — you’d have to be denying reality…

Given that I’ve been critical of Groser’s stance on NZ climate policy, it’s refreshing that he feels free to be so blunt in his acceptance of the reality of the problem. He is, after all, a skilled diplomat, and knows that if he were to tell the world that climate change was “an interesting prospect”, his peers in the international community would consider him to be a complete tit. It’s perhaps a good job that English and Brownlee don’t have to front up to the world on climate matters, or their self-esteem might suffer.

Continue reading “Lip service: NZ government infested with climate denial”