6 Aug 2015
SIMISTER v TAURANGA CRUISE TOURISM OPERATORS ASSOCIATION INC [2015] NZHC 1852 [6 August 2015]
- Citation
- [2015] NZHC 1852
- Court
- High Court
The court held TCTOA breached natural justice at multiple points (final warning, executive's notice, termination decision and appeal) because the applicant was not given a proper opportunity to respond, allegations were often framed as conclusive, prior decision-makers who were witnesses/complainants actively participated in the process and in the appeal (including questioning and presence at the vote) creating a real danger of bias; accordingly the termination-related decisions were quashed and the applicant was reinstated; damages and a declaration as to the rules were declined.