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DP v JR [2023] NZFC 10396

Published 10 October 2023

Recusal application — judicial impartiality — fairminded and fully informed observer — Protection of Personal and Property Rights Act 1988, s 55 — New Zealand Bill of Rights Act 1990, ss 25 & 27 — District Court Recusal Guidelines — G v N [2018] NZHC 2765 — NP v JR [2023] NZFC 1477 — NP v DP [2021] NZFC 5661 — Muir v Commissioner of Inland Revenue [2017] NZCA 334 — Saxmere Company Ltd v Wool Board Disestablishment Company Ltd [2009] NZSC 72 — Re JRL; Ex parte CJL [1986] HCA 39 — AA v Family Court at Auckland [2018] NZHC 1638 — Newton v Family Court at Auckland [2022] NZCA 207. This hearing was to determine a recusal application. The Judge had in a previous judgment made adverse credibility and reliability findings against the applicant, and made an order that the applicant was to pay back a substantial sum of money. The main proceedings were in regards to the drafting of a new will for the applicant's elderly aunt, who lacked testamentary capacity and had had a property manager appointed for her benefit. The Judge found that a reasonable person would not question whether the Judge could remain impartial based on the Judge's prior rulings against the applicant. The Judge declined to grant the recusal application. Judgment Date: 22 September 2023. * * * Note: names have been changed to comply with legal requirements. * * *