O'Neill v Judicial Conduct Commissioner
[2025] NZCA 599
•14 November 2025 at 3 pm
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA149/2025 |
| BETWEEN | CHRISTOPHER JOSEPH O’NEILL |
| AND | JUDICIAL CONDUCT COMMISSIONER |
| Hearing: | 7 October 2025 |
Court: | Courtney, Venning and Osborne JJ |
Counsel: | No appearance for the Appellant |
Judgment: | 14 November 2025 at 3 pm |
JUDGMENT OF THE COURT
The decision dismissing the appeal is recalled.
REASONS OF THE COURT
(Given by Courtney J)
In a judgment delivered on 27 February 2025, Churchman J struck out proceedings Christopher Joseph O’Neill had purported to file against the
Judicial Conduct Commissioner (the Commissioner). The Judge relied on r 5.35B(2) of the High Court Rules 2016.[1] Mr O’Neill appealed to this Court against the strike out.[1]O’Neill v Judicial Conduct Commissioner [2025] NZHC 319.
Mr O’Neill failed to appear in support of his appeal when it was called. It was therefore dismissed.
Subsequently, Mr O’Neill advised that he had attended court on the specified day but, as a result of damage to the letter advising him of the time and place for the appeal hearing, he went to the wrong courtroom. Further enquiries within the Registry have shown that Mr O’Neill was inadvertently advised of the wrong courtroom in any event. In the circumstances, it is appropriate to recall our decision dismissing the appeal.
The decision dismissing the appeal is recalled. The appeal is to be allocated a fresh hearing date.
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