Judicial Review Notes

Ultra Vires

A legal doctrine meaning 'beyond the powers.' Under this concept, public entities act legally only within the defined boundaries set by law.

Judicial Review

A legal process by which courts examine the actions of government agencies to ensure they comply with the law and respect individual rights.

Judicial Review Grounds

The core inquiries involved include jurisdiction & authority, procedural fairness, the legality of inputs & processes, and substantive rationality.

Ouster Clause

A provision that seeks to prevent courts from reviewing certain decisions or actions, asserting that they cannot be challenged in court.

Anisminic Ltd v Foreign Compensation Commission

A landmark case that expanded the ultra vires doctrine, asserting that an error of law could take a decision-maker outside their jurisdiction.

Natural Justice

A legal principle that requires fair procedures which involve the right to a fair hearing ('audi alteram partem') and the right against bias ('nemo judex in causa sua').

Legitimate Expectations

A procedural ground in judicial review which allows individuals to expect a certain administrative process to be followed based on prior representations made by a public authority.

S27 NZBORA

A section of the New Zealand Bill of Rights Act 1990 that codifies the right to justice and the observance of natural justice by public tribunals.

Wednesbury Unreasonableness

A standard of judicial review that refers to a decision being so unreasonable that no reasonable authority could ever have made it.

Certiorari

A type of prerogative writ that quashes an unlawful decision, allowing the decision-maker to reconsider the matter under lawful procedures.

Mandamus

A prerogative order that compels a public official or administrative body to fulfill a public or statutory duty that has been neglected.

Prohibition

A prerogative order that prevents an administrative decision-maker from proceeding with an unlawful action.

The Hansard Test

A six-step framework formulated in R v Hansen for analyzing legislative inconsistencies with protected rights under NZBORA.

Te Tiriti o Waitangi

The Treaty of Waitangi, which imposes a legal obligation on the Crown to consider Māori interests in decision-making, whether stated or not in legislation.

Statutory Power vs. Common Law Review

The distinction between powers exercised under statutory law and those that arise from common law or traditional legal principles.

De Facto Public Power

Public authority exercised by bodies that are not established by statute but fulfill significant public functions, thus subject to review.

Remedies in Judicial Review

Relief granted by courts in judicial review cases, typically including quashing orders, mandatory directions, declarations, and injunctions.

Judicial Review Procedures Act 2016

Legislation that streamlines the process for challenging administrative decisions and clarifies the remedies available in judicial review.

Substantive Unreasonableness

A ground for judicial review where the court examines whether the substantive outcome of a decision is just and rational.

Improper Purpose

A legal doctrine stating that powers conferred for a specific public purpose cannot be used for unauthorized ends.

Judicial Independence

The principle that court decisions must be free from external control or influence, ensuring impartiality in the justice system.