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Public Law - update on administrative law and judicial review
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Author(s): Jack Hodder, Kim Murray, Dr Rodney Harrison QC, Don MacKay, Melissa Poole, Mary Scholtens
Published: 21 September, 1998
Pages: 97
It might be said that "expert" decision-makers will be afforded a margin of deference or appreciation by the Courts bearing in mind the nature of the expertise, the existence of factually debateable issues, available resources and commercial aspects of a decision - see for example Pharmaceutical Management Agency Limited v Roussel Uclaf Australia Pty Limited [1997] NZAR 58(CA) in relation to a company with public functions and Wellington City Council v Woolworths NZ Limited (No. 2) [1996] 2 NZLR 357 (CA) in relation to elected persons. If the "hard look" doctrine has application here it was applied as a mere knowing glance by Hammond J in NZ Public Service Association Inc. v Hamilton City Council (1997) NZLR 30 in cautioning that a court should not assess the Council's homework.
While the doctrine of justiciability was, arguably, brought into line by Neill LJ in R v Criminal Injuries Compensation Board ex parte P [1995] 1 All ER 870, 880 (CA), many questions on the grounds of review remain unanswered: the Court of Appeal in Roussel (above) has said that the Thames Valley notion of substantive unfairness requires further consideration while Robertson J in Te Heu Heu v Attorney-General [1998] NZLR 337 has said that the boundaries of the doctrine of substantive legitimate expectation in administrative law are not settled.
Published: 21 September, 1998
Pages: 97
Introduction
Has the menu of argument for public lawyers in New Zealand been renewed and expanded in recent years, have some of its courses been discontinued or have they simply been combined into mixed platters? There are a good number of contemporary public law issues and developments to whet the appetites of those who practice in the area.It might be said that "expert" decision-makers will be afforded a margin of deference or appreciation by the Courts bearing in mind the nature of the expertise, the existence of factually debateable issues, available resources and commercial aspects of a decision - see for example Pharmaceutical Management Agency Limited v Roussel Uclaf Australia Pty Limited [1997] NZAR 58(CA) in relation to a company with public functions and Wellington City Council v Woolworths NZ Limited (No. 2) [1996] 2 NZLR 357 (CA) in relation to elected persons. If the "hard look" doctrine has application here it was applied as a mere knowing glance by Hammond J in NZ Public Service Association Inc. v Hamilton City Council (1997) NZLR 30 in cautioning that a court should not assess the Council's homework.
While the doctrine of justiciability was, arguably, brought into line by Neill LJ in R v Criminal Injuries Compensation Board ex parte P [1995] 1 All ER 870, 880 (CA), many questions on the grounds of review remain unanswered: the Court of Appeal in Roussel (above) has said that the Thames Valley notion of substantive unfairness requires further consideration while Robertson J in Te Heu Heu v Attorney-General [1998] NZLR 337 has said that the boundaries of the doctrine of substantive legitimate expectation in administrative law are not settled.
Content outline
- The globalisation of New Zealand law
- The use and abuse of international instruments
- "Irrationality": a synonym too far?
- Selected grounds for review - the current landscape
- "Converting it into cash": compensation and damages in public law
- Getting the result - taking the law to the judge
- Is this a public law case?
- The use and abuse of international instruments: a commentary
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