Public Law 2026 Summarized Notes

Comprehensive vocabulary flashcards covering the key concepts, legal cases, and statutory provisions of New Zealand Public Law as detailed in the lecture notes.

Public Law limits

The boundaries of governmental power primarily defined by the Constitution of NZ, the operating system for government, and the Cabinet Manual.

Constitution

A framework that determines who holds public power, states the principle powers of government institutions, and regulates the exercise of power to restrain what the government may do.

Royal Assent

The final stage of the law-making process where the Governor General must sign all bills, which is always granted to maintain a free and fair democracy.

Section 22 of the Constitution Act

The statutory provision that solidifies the requirement for the House to consent to any tax or public spending by the executive.

Budget Process

The process for passing tax and spending which also acts as a vote of confidence; failure to pass it may trigger an election or a change in Prime Minister.

Select Committees

Groups of MPs that hold enquiries into niche matters, scrutinize bills, and publicized flaws to provide democratic accountability.

AG v Taylor

A Court of Appeal case establishing that the supremacy of parliament is the bedrock of the constitution.

Pickin v British Railway board

A case confirming that courts will not interfere with how parliament passes legislation, even if the House was allegedly misled, due to parliamentary supremacy.

Constitutional Convention

Non-legal but binding rules, such as the requirement for the Governor General to follow the advice of the Prime Minister.

Section 268 of the Constitution Act

The section that sets out entrenched provisions, such as voting ages, which require specific majorities to change.

Soft Laws

Non-legal best practice constraints, like LDAC Guidelines, that create a strong moral obligation for the government to respect principles during legislation development.

Section 5 of NZBORA

The provision stating that rights can only be limited where it is demonstrably justified.

Hansen Case

A case establishing a two-step test for justified limits on rights: checking if the limit is sufficiently important and if it achieves the desired goal.

Section 7 Report

A report issued by the Attorney General to warn the House if a proposed bill may be inconsistent with the Bill of Rights.

Comity

The principle of mutual respect where different branches of government recognize their separate spheres of influence and refrain from undue interference.

Section 4 (1) (b)

A provision requiring separate branches of government to have proper spheres of influence and privileges.

Parliamentary Privilege

Legal rules, including Article 9 of the Bill of Rights Act, that prohibit courts from questioning or impeaching the freedom of speech and operations within Parliament.

Exclusive Cognizance

The privilege of the House to determine its own internal matters and the prohibition of outside bodies from judging those matters.

Executive Council

A body comprising all cabinet members and the Governor General that makes legal rules known as secondary legislation.

Cabinet

The heart of the government, whose members are appointed by the Governor General on the advice of the Prime Minister.

Collective Responsibility

The most important cabinet convention, involving unanimity (speaking with one voice) and confidentiality (keeping discussions secret).

Caretaker Convention

A transitional arrangement after an election where the government avoids large policy or expenditure changes until the new government is formed.

Jennings Test

A three-part test used to identify a constitutional convention: existence of established precedent, the actor feels bound, and a valid constitutional reason for the rule.

Section 11 of the Public Service Act

The provision supporting constitutional and democratic government by enabling successive governments to implement policies and deliver high-quality public services.

Public Service Commissioner

An official who oversees the public service, sets expectations, and manages the balance between public servants and the political executive.

Carltona Principle

A legal principle where ministry officials can act in the name of the minister without a formal delegation, as there is no legal difference between the two.

Vicarious Responsibility

A category of ministerial responsibility where a minister is accountable for the work and potential major issues of their department officials.

Entik v Carrington

A historical case illustrating the rule of law, proving the executive must have a lawful basis for actions like house searches that ordinary citizens cannot perform.

Fitzgerald v Muldoon

A case where the court ruled the Prime Minister's press release attempting to repeal an act without Parliament was illegal and breached the rule of law.

Borrowdale v Director General of Health

A case regarding Covid lockdown orders which found that even broad statutory powers have implied limitations, though saving lives was a valid purpose.

Prerogative Power

Non-statutory powers recognized by common law that only the Crown has, such as the organization of public service or the prerogative of mercy.

De Keyser Royal Hotel case

A case establishing that if a statute covers the same field as a royal prerogative, the statute prevails and the prerogative is extinguished.

Dualism

The constitutional concept that international treaties entered into by the executive have no domestic legal effect until Parliament agrees to them.

Third Source of Power

A residual source of authority allowing the executive to take actions an ordinary person could do, such as providing information, even without specific statutory authorization.

Official Information Act (OIA)

Legislation designed to give the public access to government information to increase accountability and participation.

Ombudsman

An officer of parliament who investigates complaints of maladministration and can recommend that the government change its decisions.

Controller and Auditor General

The financial watchdog of parliament who supervises government spending and audits the financial statements of public authorities.

Public Inquiries Act 2013

The framework providing for Royal Commissions, Public Inquiries, and Government Inquiries to establish facts and hold organizations to account.

Maladministration

Decisions or actions by a public body that are contrary to law, unreasonable, unjust, or based on a mistake of fact.

Protected Disclosure Act 2022

Legislation aimed at protecting whistleblowers from retaliation, victimization, and civil or criminal liability when reporting serious wrongdoing.

Waitangi Tribunal

A commission of inquiry established by the Treaty of Waitangi Act 1975 to review Crown actions inconsistent with treaty principles.

Treaty Principles

Fundamental concepts including Partnership, Participation, Protection, and Redress used by the Waitangi Tribunal to evaluate claims.

Section 6 Claim

A claim submitted to the Waitangi Tribunal by a Māori individual regarding an action or omission by the state that is inconsistent with treaty principles.