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Principles of Administrative Law in Aotearoa New Zealand

Principles of Administrative Law in Aotearoa New Zealand

Author: Hanna Wilberg
Publisher: Hart Publishing
ISBN: 9781509930906
Published In: October 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book provides a concise yet scholarly introduction to the principles of administrative law in Aotearoa New Zealand that has so far been unavailable. 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. The second part 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. The third part 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.

The 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.

Part I - Introduction

1. What Is Administrative Law?

a. The Nature of Judicial Review and Its Place in Administrative Law

b. Wider Administrative Law Beyond Judicial Review

2. Principles and Theories Relevant to Understanding and Critiquing Judicial Review and Its Alternatives

a. Constitutional Principles

b. Competing Schools of Administrative Law Policy and Scholarship, and the Values Underpinning Them

c. Administrative Justice Theories: Design and Evaluation Principles for Good Administrative Decision Making and Effective and Accessible Grievance Resolution

Part II - Judicial Review

3. Amenability to Judicial Review

a. Justiciability

b. The Public Nature Requirement

c. The Role and Effect of the Judicial Review Procedure Act 2016

4. Grounds of Judicial Review: Procedural Grounds

a. Right to a Hearing

b. Rule Against Bias

c. Right to Reasons?

d. Other New Grounds?

5. Grounds of Judicial Review: Traditional Substantive Grounds

a. Illegality: Dictation, Unauthorised Delegation, Fettering, Irrelevant Considerations and Improper Purposes, Failure to Take Account of Mandatory Considerations

b. Irrationality

6. Grounds of Judicial Review: Rights

a. International Law

b. Common Law Rights

c. NZ Bill of Rights Act 1990

7. Grounds of Judicial Review: Other Modern Extensions of Substantive Grounds

a. Heightened Scrutiny and Proportionality

b. Substantive Legitimate Expectations

c. Mistake of Fact

8. Uncertainty and Debates on the Scope of Judicial Review

a. The Effect of Ouster Clauses

b. Deference on Questions of Law?

9. Judicial Review Remedies

a. The Nature of Judicial Review Remedies at Common Law and Under the Act

b. The Remedial Discretion

c. Uncertainty and Debates on the Effect of Invalidity

Part III - Other Judicial Norms and Remedies

10. Other Administrative Law Remedies

a. The Types of Appeals

b. Collateral Challenge

11. Private Law Actions Against Public Decision-Makers

a. Tort

b. Contract

c. Restitution

Part IV - Beyond Judicial Norms and Remedies

12. Further Standards Governing Administration and Claimable by Individuals

a. Ombudsmen Act 1975

b. Standing Orders on Regulations Review Committee

c. Public Audit Act 2001

d. Official Information Act 1982 and Other Transparency Standards

e. The Range of Individual Administrative Regimes Set Out in Statutes, Regulations and Internal Guidelines - Such As for Immigration, ACC, Social Security, Tax, Commerce, Local Government

13. Non-Judicial Avenues of Recourse

a. Ombudsmen

b. Specialist Complaints Bodies

c. Statutory Avenues of Recourse as Part of Individual Administrative Schemes

14. Principles for Designing and Evaluating Decision-Making Procedures and Remedial Avenues: Administrative Justice Literature