The NIWA case is to be heard before a panel of three judges at the Court of Appeal in Wellington tomorrow, Tuesday, 15 October.
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.
The Coalition is also seeking reversal of the High Court’s costs order.
NIWA is cross-appealing. It apparently suggests that CRIs should not be subject to public law, but that CRIs are akin to SOEs. Also that NIWA’s supply of temperature research to the Crown is the result of commercial research contracts.
The judgement is likely to be reserved.