Judicial Review Lecture Notes

These flashcards cover key concepts from the lecture on judicial review, including definitions, legal principles, landmark cases, and procedural aspects relevant to decision-making and natural justice.

What is acting under dictation in judicial review context?

It refers to a decision maker being improperly influenced by another authority to make a decision.

What must be demonstrated to prove acting under dictation?

It must be shown that the decision maker allowed another person to effectively make the decision or incorrectly believed they were obligated to follow external advice.

What does ultra vires mean?

It refers to actions taken beyond the scope of legal authority granted by statute.

Can a council delegate its resource decision-making powers to a private company?

No, delegation to external parties is not allowed unless explicitly authorized by legislation.

What is the principle of natural justice in decision making?

It ensures that individuals negatively impacted by decisions are informed and given a fair chance to present their perspectives.

What does procedural impropriety entail?

It involves a breach of natural justice, including issues like bias, failure to give a fair hearing, or failure to follow statutory procedures.

What is legitimate expectation in judicial review?

It refers to the understanding that past practices must be maintained unless there is a valid reason for change.

What did the case of Taylor v. Attorney General establish regarding NZBora?

It established that the courts can issue a declaration of inconsistency when legislation conflicts with the NZ Bill of Rights.

What are the key principles of consultation in decision-making processes?

Consultation must be meaningful, require consideration of views, and not be merely a notification.

What is the significance of a declaration of inconsistency?

It formally states that a law is inconsistent with the NZ Bill of Rights but does not invalidate the legislation.