Do you believe a decision found against you is in need of a judicial review?
Find out today if we could help – contact judicial review expert, Peter Smith today to set up an appointment.
13 April, 2012 | Peter Smith
Bias can take the form of actual bias or imputed or apparent bias. Actual bias is where it can be established that the person making a decision was prejudiced for or against a party. If the decision maker had a monetary, proprietary or personal interest in the matter then bias may be imputed. Apparent bias is when the conduct or behaviour of the decision maker suggests that their decisions are not impartial.
The right to a fair hearing requires that participants in the justice system should not be penalised by decisions that affect their rights unless they have been given;
In New Zealand, the Judicature Amendment Act permits citizens aggrieved with the decision making process to seek redress in the High Court using the principals of natural justice as the basis for their claim.
Recently the Government changed the Judicature Amendment Act to allow the decisions made by incorporated societies to be reviewed in the High Court. Accordingly, if the decision making of the committee of an incorporated society breaches the rules of natural justice then the High Court will be able to give a remedy for that breach.
In the case of Stratford Racing Club Inc. v Adlam the Court of Appeal found that the committee of the Stratford Racing Club did not have a complete discretion as to whom to accept as members – in other words they could not “blackball” people applying for membership and the principals of natural justice were applied to give the blackballed members the right to become members of the Society.
It is important for incorporated societies to understand how to ensure that their decisions meet the rules of natural justice, and be aware that there is a legal requirement for them to do so.
11 March, 2011 | Peter Smith