Employment Court of New Zealand – INTERLOCUTORY JUDGMENT (NO 5) OF CHIEF JUDGE CHRISTINA INGLIS (Application for recusal)

Employment Court of New Zealand 03/08/2022

[2022] NZEmpC 138

EMPC 85/2022

INTERLOCUTORY JUDGMENT (NO 5) OF CHIEF JUDGE CHRISTINA INGLIS
(Application for recusal)

[1]      The second defendants (who I will refer to as the Gloriavale defendants) seek
orders that I recuse myself from these proceedings. The application is essentially
advanced on the basis that a fair-minded lay observer may reasonably apprehend that
I might be biased when deciding the case in light of the fact that I recently heard and
determined a preliminary issue in a related proceeding, namely Courage v AttorneyGeneral.
1

[2]      Submissions have been filed in support of the application. Submissions have
also been filed on behalf of the plaintiffs, by counsel for the Attorney-General and by
counsel appointed to assist the Court. I indicated an intention to deal with the
application on the papers, and I proceed on that basis.

[3]      I have carefully considered the points raised in support of, and opposition to,
the application, and each of the authorities referred to. I accept that there are
considerations that go both ways. Ultimately an application such as this, which a party
is fully entitled to bring, must be dealt with on its merits, applying the relevant legal
test to the particular factual context. Having gone through that exercise I do not
consider that the grounds for the application have been sufficiently made out, and the
application is accordingly declined. My reasons follow.

Read full judgment here: https://www.employmentcourt.govt.nz/assets/Documents/Decisions/2022-NZEmpC-138-Pilgrim-v-Attorney-General-Ors-Interlocutory-Judgment-No-5.pdf