A concise yet scholarly introduction to the principles of administrative law in Aotearoa New Zealand.
It elucidates the structure and principles of the law in this area, identifies underlying tensions, and outlines current trends and debates. It also presents a unified account of administrative law as a whole, beyond judicial review.
The introductory chapters outline the contours of administrative law and the place of judicial review within this, as well as the principles and theories relevant to understanding and critiquing judicial review and its alternatives.
Part Two then examines judicial review: when it is available, on what grounds (including the NZ Bill of Rights alongside common law grounds of review), and its remedies.
Part Three deals with judicial norms and remedies beyond judicial review: statutory appeals, collateral challenges and private law causes of action.
The final part outlines administrative law beyond judicial norms and remedies: the statutory regimes applicable to administration generally as well as the individual regimes governing each area, non-judicial avenues of redress such as the Ombudsman and specialist tribunals, and administrative justice principles for designing and evaluating administrative decision-making and grievance-resolution regimes.
This book is the principles-based guide that law students need to succeed in their academic study. It is equally helpful to judges and practitioners, and to academic and professional audiences beyond New Zealand, seeking a sophisticated understanding of the structure and contours of the subject.
This book on administrative law in Aotearoa New Zealand fills a gap with its fresh scholarly account of the law in this area, focusing on analysis of structures and principles.
It identifies underlying tensions between competing objectives and outlines current trends and debates. It includes chapters on administrative justice, and throughout promotes an awareness of wider administrative law beyond judicial review. Given the recent recognition of tikanga - Maori customary law - as part of the laws of Aotearoa New Zealand, this book also offers tentative explorations of the roles tikanga may come to play in administrative law.
The book is suitable for use in university courses, especially in specialist administrative law courses. It is also addressed to judges, officials and practitioners seeking to deepen their understanding of this area of law; to academic audiences around the common law world; and to policy makers designing or evaluating administrative regimes.