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Freeman v Associate Minister of Justice - [2020] 3 NZLR 49

$30.00

High Court Wellington
CIV-2019-485-284; [2020] NZHC 1070
25 November 2019; 21 May 2020
Clark J
Judicial review — Ministerial decision — Associate Minister of Justice recommended removal of Justice of the Peace on basis of misconduct — Misconduct — Basis of test for misconduct not known — Whether misconduct complained of warranted removal — Threshold for removal — Whether decision-maker fully and properly informed of relevant factors — Whether decision-maker took relevant factors into account — Whether countervailing factors disclosed to decision-maker — Whether principles of natural justice breached — Applicant entitled to know why decision made against them — New Zealand Bill of Rights Act 1990 s 27.
Judicial review — Natural justice — Whether principles of natural justice breached — Associate Minister of Justice recommended removal of Justice of the Peace on basis of misconduct — Basis of test for misconduct not known — Threshold for removal not known — Applicant entitled to know why decision made against them — New Zealand Bill of Rights Act 1990 s 27.
Human rights — Natural justice — Whether principles of natural justice breached — Associate Minister of Justice recommended removal of Justice of the Peace on basis of misconduct — Basis of test for misconduct not known — Threshold for removal not known — Applicant entitled to know why decision made against them — New Zealand Bill of Rights Act 1990 s 27.

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