14 Dec 2005
PERCIVAL AND ORS V ATTORNEY GENERAL HC CHCH CIV 2004-409-002630
- Citation
- openlaw-2baa3b91_8164_42f6_a34b_cc07ed0da31a.pdf
- Court
- High Court
Where contested scientific evidence was central to the disciplinary findings, denial of opportunity to test that evidence (including refusal of legal representation where necessary to mount probative cross‑examination) breached the s27 NZBORA right to natural justice; however, where independent scientific evidence (Ms Turner/ESR) established that water‑loading was highly unlikely to produce the observed 'inconsistent' results, convictions were not unsafe. Consequently the convictions/hearings for Percival, King and Wiparata were procedurally unfair and their Visiting Justices' decisions were…