Administrative Law in Aotearoa New Zealand

Hanna Wilberg (Author)

Textbook

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Description

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.

Part I: Introduction and Overview
1. Introduction
2. Public Administration and its Law
3. Introducing Debates: The Role of Political Values and Constitutional Principles

Part II: The Grounds of Judicial Review: Norms Governing Administration
4. Traditional Grounds of Review: Procedural Fairness
5. Traditional Grounds of Review: Illegality
6. Modern Extensions: Rights as Grounds of Review
7. Unreasonableness and Modern Extensions of Substantive Review

Part III: The Limits of Judicial Review
8. Availability of Judicial Review
9. A Better Framework for Calibrating Restraint?
10. The Limits of Judicial Remedies

Part IV: Public and Private
11. Public Law and Private Power: The Public Nature Test
12. Private Law and Public Power: Public Authorities' Liability in Damages

Part V: Administrative Justice
13. Introduction of Administrative Justice
14. Front-line Decision-making: Getting it Right and Learning from Errors'
15. Remedial Regimes: Putting Errors Right