Natural And Administrative Justice

Understand Natural and Administrative Justice — what they are, how the it should work (despite being flagrantly abused by every... person), and your rights as a worker, a person, a citizen, and a real human can be enacted. Get expert help with your experience of unfairness today.

The Right To Be Heard

The first rule of fair process — audi alteram partem, hear the other side. Notice, disclosure, a real opportunity to respond, sufficient time, and an open mind. What a fair hearing actually requires before any decision is made about you, and what to do when you were never properly heard.

The Rule Against Bias

The second limb of natural justice — nemo iudex in causa sua, no one a judge in their own cause. Actual and apparent bias, the Saxmere fair-minded-observer test, the closed and predetermined mind, and the all-too-common manager who accuses, investigates, and judges all at once. What impartiality really demands, and what to do when a decision against you was never going to go any other way.

The Duty to Give Reasons

When a decision-maker must tell you why a decision was made — the statutory right to written reasons for a dismissal, good faith disclosure before a decision, what makes reasons adequate, and what follows when an explanation is withheld.

Statements, Facts, and the Weight of Evidence

A statement is only a statement of fact when it is backed by credible information, documents, and evidence. How the Employment Relations Authority and the Employment Court weigh what they are told, and why an untested assertion sits at the bottom of the evidential hierarchy.

Standards of Proof

Beyond reasonable doubt and the balance of probabilities — and why, in the employment jurisdiction, the single civil standard is more demanding than it first appears.

Disclosure and the Right to Information Before a Decision

You cannot answer a case you have never been shown. Natural justice requires the adverse material to be put before you, in time to reply — in employment, before the Accident Compensation Corporation (ACC), and in incorporated societies.

What Judicial Review Actually Is

The High Court’s supervisory check on the legality and fairness of public power — the three grounds, the remedies, and why an Employment Relations Authority decision is challenged a different way.

Why? Neoliberalism — Socialism for the Rich, Capitalism for the Poor, and Your Right to Information and Representation

The doctrine that privatises gains and socialises risk — and how an employer's representative runs a meeting without the information the law requires, calls it your "opportunity to comment", and leaves out your right to representation.

Latin Legal Terms, In Plain Words

The Latin a worker and an advocate actually meet, said plainly, so the language is never used to shut you out of a decision made about you.

Decomposition (Zersetzung) by Other Means

How workplace bullies and unfair processes exercise control through technique — surveillance, isolation, and the manufactured record — why each act is built to be deniable, and what fairness in law demands of it.

The Crown's Use of Violence to Enforce All Rights and Contracts

We live in a constitutional monarchy: the Crown forbids you to enforce your own rights, and the Crown enforces them for you — by force, in the last resort. The jurisprudence of coercion, the barons at Runnymede, and why fair process is the leash on the only power that finally matters.

The Emperor's New Algorithm

Commentary: the legal profession's panic over Artificial Intelligence holds the machine to a standard of perfection it never demanded of human judgement. What New Zealand's courts actually require is the oldest duty of all — verify what you file.

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