From the “our expert is smarter than your expert” department and Tallbloke’s Talkshop:
Something is rotten in the state of
Denmark New Zealand. A judge has disregarded as inadmissible expert evidence from a statistician who showed that the adjustment method NIWA claimed they used only give a 0.3C/Century rise in temperature and ruled that NIWA (now a limited company) can adjust the temperature record as they see fit without having to demonstrate the use of a method based on any accepted science. here’s the graph:
NIWA are now claiming $118,000 from two named individuals in costs. This looks like a vindictive move.
NZCSET, the organisation which brought the review case to court are examining their options for appeal.
A comment on Jo Nova’s site summarizes the judgement.
It is a very disappointing judgement. I have read the entire judgement and at first pass it seems to me that Justice Venning found himself an escape hatch. Judges do not want their verdicts to be controversial or overruled, and you can bet he knew if he had found in favour of the ‘Coalition’ his ruling would have been attacked.
His escape hatch was two pronged:
1. Venning found that two of the key ‘expert witnesses’ for the Coalition, did not satisfy his definition of ‘expert witness’. That allowed him to simply disregard their arguments and evidence rather than look at them with as much weight as he applied to the testimony of NIWA’s experts which he appeared to accept without question.
 Section 23 of the Evidence Act 2006 provides that a statement of opinion is not admissible except as provided by ss 24 or 25. Opinion is defined in the Evidence Act at s 4 as: “A statement of opinion that tends to prove or disprove a fact.” I accept Mr Smith’s submission that there are substantial portions of Mr Dunleavy’s original and reply affidavits where he proffers opinions on matters in issue in the proceedings, particularly on scientific practices and the validity of the scientific practices of NIWA. Such evidence could only be admissible under s 24 or s 25. Section 24 is not applicable in the circumstances. 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.
 Similar issues (as to the limited nature of his expertise), apply to the evidence of Mr Dedekind. Although in his affidavit in reply Mr Dedekind purported to comply with r 9.43, Mr Dedekind’s expertise is in relation to computer modelling and statistical analysis.
In fact Vennings makes the following outrageous statement which reminds me of the same criticisms which were made of Ross McKitrick and Stephen McIntyre who were ‘unqualified’ to critique Michael Mann’s infamous Hockey Stick graph, with errors which had escaped the notice of thousands of supposedly qualified climate experts!