Hugmonster,
I agree entirely. The essence of my previous post was supposed to be that the accidents were just that and that the CVR has no place in inappropriate prosecutions. The new NZ legislation does make it available should obvious gross negligence be involved eg Pilot drunk or whatever. However the NZ Supreme court has not applied the new act to this case so subverting the intent of Parliament in my opinion. Then a new issue arises as to where to draw the line on the negligence thing.