New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Judicial bias and recusal

  • 24 Mar 2022

    G S v THE FAMILY COURT AT MANUKAU [2022] NZHC 555

    Citation
    [2022] NZHC 555
    Court
    High Court

    Judicial review dismissed. Court found no reviewable error in the contested Family Court decisions overall; two limited procedural findings: (1) November 2019 directions conference conducted in the applicant's absence breached natural justice but relief declined because of delay and events overtaking the matter; (2) Judge's statement as to automatic effect of the second temporary protection order on contact was an error of law but was corrected; allegations of judicial bias/predetermination were dismissed.

    • Interim parenting orders
    • Temporary protection orders
    • Natural justice/process
    • Judicial bias and recusal
    • Section 133 psychological reports
    • Family court procedure (without-notice applications)

  • 8 Sept 2010

    PHILIP JOHN SMITH V THE ATTORNEY-GENERAL SC 71/2010

    Citation
    SC 71/2010
    Court
    Supreme Court

    Leave to appeal was dismissed because the proposed grounds lacked an arguable basis: no evidence of bias or predetermination, expert evidence was admissible and did not compromise independence, factual findings supported that the applicant knew reports would be recorded and used for classification, and there was insufficient evidential basis to pursue arguments on policy publication or expungement, so it was not in the interests of justice to hear the appeal.

    • Prison security classification
    • Judicial bias and recusal
    • Expert evidence admissibility
    • Prisoner consent to medical/psychological examination
    • Remedies (expungement)
    • Publication of policy