7 Sept 2021
D v FAMILY COURT AT MANUKAU [2021] NZHC 2326
- Citation
- [2021] NZHC 2326
- Court
- High Court
Applicant's claim of actual or apparent bias was dismissed: the High Court found Judge Mahon's decisions were reached by a lawful, impartial process and no fair‑minded lay observer would reasonably apprehend lack of impartiality. The court held s139A applied and the judge's case management was justified, granted leave for a s133 psychological report, but found parts of the 17 March 2021 direction preventing communications with the Family Court registry were procedurally defective and breached natural justice and those parts were set aside; a civil restraint order was declined.