After an inquest in July last year, Coroner Peter Ryan ruled the 25-year-old most likely drowned at Piha in 2004.
But Piha couple Bobbie Carroll and Julia Woodhouse were also criticised in his finding for not calling police that night after taking a distraught Ms Asher in and Coroner Ryan ruled that while Ms Asher's death was accidental, they contributed to her death.
The couple are challenging that ruling in the High Court at Auckland today.
Their lawyer, Garth Gallaway, this morning outlined why he believed the comments were unfair towards the couple.
He also claimed that due process was not followed before the critical decision, meaning the couple were not given an opportunity to instruct their own lawyer and rebut adverse comments about them in court.
The hearing before Justice Helen Winkelmann continues.
Ms Woodhouse and her son Henry were driving home when they found Ms Asher wandering in her underwear, scared and confused. They took her to their home and, with Ms Carroll, spent four hours comforting her.
They said they twice discussed calling the police. Each time Ms Asher became agitated and begged them not to; she said she had called the police already but they were not interested.
The couple considered their options and decided that keeping the young woman safe and warm inside was better than having her bolt into the cold stormy night - which they thought was bound to happen if they called 111.
- By Anna Leask of the New Zealand Herald
