19 Jul 2022
RONGOTAI INVESTMENTS LTD and RONGOTAI ESTATES LIMITED v LAND VALUATION TRIBUNAL and ORS [2022] NZHC 1669 [Judicial Review]
- Citation
- [2022] NZHC 1669
- Court
- High Court
The Tribunal's hearing conduct—frequent and substantive judicial interventions amounting to cross‑examination, exclusion of the applicants' witnesses, multiple implied 'perjury' warnings without foundation, adverse characterisations, and premature publication of views—gave rise to an appearance of bias in the eyes of the fair‑minded informed observer; the interim 2012 decision is therefore set aside in part (redactions ordered), declarations of apparent bias and unfair hearing are granted, while the substantive 2012 valuation decision is not set aside because appeal remedies and rehearing pro…