Judicial Review Lecture Notes

Judicial Review - Key Points

  • Acting Under Dictation:

    • Decisions improperly influenced by external authority.

    • Decision-maker must make decisions independently; cannot be mandated by others.

  • Delegation of Powers:

    • Public powers must be exercised by legally authorized individuals.

    • Invalid delegation to private entities unless explicitly allowed by legislation.

    • Valid delegation can occur when allowed by specific Acts (e.g., Resource Management Act).

  • Ultra Vires Regulation:

    • Regulations must remain within statutory authority; going beyond this renders them invalid.

    • Clear and lawful delegation is necessary to avoid ultra vires decisions.

  • Principles of Fairness:

    • Individuals must be informed and allowed to present perspectives prior to decisions affecting them.

    • Emphasis on natural justice, ensuring unbiased hearings and evidence-based decisions.

  • Bias in Decision-Making:

    • Can arise from personal interest or relationships.

    • Categories of bias: presumptive bias and apparent bias.

  • Substantive Fairness:

    • Focus on correct decision-making procedure, ensuring decisions are justified and evidence is considered.

  • Duty to Consult:

    • Legal obligation to consult can arise from statutes or general principles of fairness.

    • Consultation must involve more than mere notification; genuine consideration of views is required.

  • NZ Bill of Rights Act (NZBORA):

    • Stipulates rights and their limitations in the context of public power.

    • Declaration of inconsistency allows courts to signal when legislation conflicts with NZBORA without invalidating it.

  • Case Examples:

    • Taylor v. Attorney-General: Established key principles regarding declarations of inconsistency under NZBORA.

    • Wellington International Airport: Clarified that consultation must go beyond notifications.

  • Examination Preparation:

    • Focus on understanding judicial review grounds and associated case law for exam responses.

    • Combine principles with specific cases to demonstrate comprehension and application in scenario-based questions.