IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2012-404-7385 [2013] NZHC 1111
IN THE MATTER OF an application under the New Zealand Bill of Rights Act 1990 for declaratory relief
BETWEEN VINCENT ROSS SIEMER Plaintiff
ANDATTORNEY-GENERAL Defendant
Hearing: 2 May 2013
Appearances: Plaintiff in Person
PJ Gunn for Defendant
Judgment: 16 May 2013
JUDGMENT OF TOOGOOD J
This judgment was delivered by me on 16 May 2013 at 9:15 am
Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
V Siemer, 27 Clansman Tce, Gulf Harbour: vsiemer@hotmail.com
PJ Gunn, Crown Law, Wellington: peter.gunn@crownlaw.govt.nz
SIEMER V ATTORNEY-GENERAL HC AK CIV-2012-404-7385 [16 May 2013]
Introduction
[1] The Attorney-General, the defendant in this proceeding, has applied to strike out the claim by the plaintiff, Mr Siemer, for declarations related to alleged breaches of his rights under the New Zealand Bill of Rights Act 1990 (“NZBORA”) by Judges of the Supreme Court.
Recusal application by plaintiff
[2] At the beginning of the hearing, Mr Siemer requested that I disqualify myself from dealing with the application because I had demonstrated bias against him in the handling of cases in which he had appeared to date. He asserted that I was the subject of seven active complaints by him to the Judicial Conduct Commissioner; that my rulings in cases in which he was involved were the subject of four current appeals to the Court of Appeal; and that he had included on a website managed by him “data” of my past which included “very questionable legal behaviour”. He argued that an informed and impartial lay observer would not only conclude that I could not be impartial in respect of him in these proceedings, but that an observer would likely question my judgment to preside in such circumstances.
[3] In support of these allegations and the proposition that I should recuse myself on the grounds of apprehended bias, Mr Siemer cited authorities suggesting that I had failed in my duty to assist him as an unrepresented litigant and that I had placed myself in a position where the natural tendency for me as a judge would be to “seek vengeance” against him for seeking my disqualification.
[4] Mr Siemer referred to the judgment of the Supreme Court in Saxmere Company Limited v Wool Board Disestablishment Company Ltd1 and to the Bangalore Principles of Judicial Conduct as discussed in Orlov v New Zealand Law
Society.2 He also relied on statements by the United Nations Human Rights
1 Saxmere Company Limited v Wool Board Disestablishment Company Ltd [2009] NZSC 72, [2010] 1 NZLR 35 (SC).
Committee, the European Court of Human Rights, the Supreme Court of India, the
International Commission of Jurists and others.
Recusal principles
[5] In Saxmere, the Supreme Court confirmed the view of the New Zealand courts that the test for disqualification of a Judge on the grounds of apparent bias was whether a fair-minded lay observer might reasonably…
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