In deciding the standards governing whether a judge should be removed from a case because of a fear of bias, the Supreme Court of New Zealand looked to decisions of the European Court of Human Rights and also to the European Convention. The Court held that a judge may be removed based on a reasonable apprehension of bias, even though this would sometimes lead to an unbiased judge being removed. In this case, the Court held that there was no bias by the relevant judge, and dismissed the appeal.

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