29 Sept 2017
OʼNEILL v ACCIDENT COMPENSATION CORPORATION [2017] NZHC 2373
- Citation
- [2017] NZHC 2373
- Court
- High Court
The court held the review process complied with the statutory scheme: the hearing notices gave proper opportunity to seek adjournment, the hearing reviewer independently reconsidered and affirmatively decided the arrangements including security, the use of a security guard was a proportionate health and safety measure justified by prior abusive communications and confidentiality undertakings, the executive/hearing reviewer case management model is a lawful and practical implementation of s137, and any procedural irregularity was cured by the hearing reviewer so s146 did not apply; accordingly…
- Judicial review of statutory review process
- Procedural fairness and natural justice
- Independence of decision‑makers
- Venue and adjournment of hearings
- Use of security at administrative hearings
- Interpretation of deemed decision provision s146