New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Bias and conflict of interest

  • 15 Mar 2023

    DELIU v THE ATTORNEY-GENERAL [2023] NZHC 512

    Citation
    [2023] NZHC 512
    Court
    High Court

    The application is dismissed because the applicant failed to meet the high threshold required to judicially review or quash prosecutorial decisions: absent evidential insufficiency or clear, operative misconduct amounting to abuse of process, courts will not interfere with prosecutorial discretion, and the operative decision by the Crown Solicitor in 2022 to continue the prosecutions after review under the Solicitor-General's guidelines forecloses the applicant's challenge.

    • Prosecutorial discretion
    • Abuse of process
    • Natural justice
    • Bias and conflict of interest
    • Legitimate expectation
    • Judicial review of prosecutions

  • 5 Dec 2006

    DIAGNOSTIC MEDLAB LIMITED V AUCKLAND DISTRICT HEALTH BOARD & ORS AND ANOR HC AK CIV 2006-404-4724

    Citation
    openlaw-85257bda_99a1_4286_8f31_077651f2758d.pdf
    Court
    High Court

    The Court held that expert affidavits are admissible only to the extent they materially assist the Court to resolve issues of legality, procedural impropriety or jurisdictional fact; affidavits which primarily attack the substantive merits of the decision, express ultimate conclusions on conflict of interest or amount to submissions on adequacy of process must be excluded. Applying that principle the Court ordered Atkinson's affidavit be read; Pickup's affidavit be read except for specified paragraphs (13–23, 48–83, 84–107); Ralston's affidavit not be read; Westlake's affidavit not be read; a…

    • Procedural impropriety
    • Bias and conflict of interest
    • Admissibility of expert evidence
    • Wednesbury unreasonableness
    • Duty to consult