Legal Profession

Public Law Toolbox

By Mai Chen
LexisNexis New Zealand March 2012

Specifications

ISBN-13
9781877511882
Publisher
LexisNexis New Zealand
Publication
March 2012
Format
Paperback
Jurisdiction
New Zealand ? Countri(es) for reference only

Details

The Public Law Toolbox will be an indispensable resource for businesspeople, lawyers, advocates and industry associations, citizens, Maori, and non-governmental organisations to more successfully interface with government, and for Government and officials. All New Zealanders have to interact with Government, whether that be due to business regulation, getting government assistance, or administrative decision-making. But not all citizens and businesses know how to successfully interact with government on a level playing field or challenge a government decision on a matter of administration, or policy and law-making which detrimentally affects them.

This book levels the playing field for those dealing with Government. It is an outsider’s guide to the insider’s view of Government.

There is an entire “Toolbox” of public law mechanisms that sit alongside traditional commercial law remedies, which can help citizens and businesses successfully resolve government, regulatory or policy and law reform issues. Ministers, officials and regulators have unique obligations to be transparent and to act within the lawful limits of exercising public power. There is also a range of options apart from the courts to challenge government decision-making. The Public Law Toolbox will assist those wanting to influence policy and law reform issues for business or democratic reasons by describing the tools available to businesses and citizens to successfully enable them to make the most of these avenues. It will also assist those wanting to resolve disputes concerning administrative and Government decision-making, and advise businesses on how to use the toolbox to resolve disputes with competitors.

The book will also assist Government and officials to understand their unique legal, transparency and accountability obligations and the risks that they face, taking political and public opinion factors into account.

Table of Contents

PART A: INTRODUCTION
Chapter 1: Public law toolbox
Chapter 2: Holding government (and business) to account
Chapter 3: How government works in an MMP environment
Chapter 4: Elections
Chapter 5: Problem solving with the public law toolbox
Chapter 6: Working with the government
Chapter 7: Policy making and law reform
Chapter 8: Making law
Chapter 9: Parliamentary tools
Chapter 10: Gathering information
Chapter 11 M?ori law toolbox
Chapter 12: Human rights protection
Chapter 13: International law toolbox
Chapter 14: Inquiries 

PART B: OFFICERS OF PARLIAMENT
Chapter 15: Ombudsmen
Chapter 16: Office of the Auditor-General
Chapter 17: Parliamentary Commissioner for the Environment

PART C: COMPLAINTS BODIES
Chapter 18: The Privacy Commissioner
Chapter 19: The Health and Disability Commissioner
Chapter 20: The Independent Police Conduct Authority
Chapter 21: Regulations Review Committee
Chapter 22: Judicial Conduct Commissioner
Chapter 23: Accountability of Intelligence and Security Agencies

PART D: REGULATORS
Chapter 24: Commerce Commission
Chapter 25: Regulation of professions

PART E: LITIGATION
Chapter 26: Litigation as a public law tool

PART F: FRAUD AND CORRUPTION IN THE PUBLIC SECTOR
Chapter 27: Fraud and corruption

PART G: CONSTITUTIONAL CHANGE
Chapter 28: Constitutional change in New Zealand

About the Author

Mai Chen

Mai Chen is a founding partner of Chen Palmer New Zealand Public and Employment Law Specialists, Australasia’s first public law specialist firm, voted New Zealand’s top public law firm in the New Zealand Law awards in 2007, 2008, 2009, 2010 and 2011. She is also Adjunct Professor in Commercial and Public Law at the University of Auckland Business School. Mai has particular expertise in constitutional and administrative law, regulatory issues, and public policy and law reform. She is a legal trouble-shooter and provides public law advice for leaders in the public, private and not-for-profit sectors, and she advises Maori.

Mai co-authored Public Law in New Zealand: Cases, Materials, Commentary and Questions published by Oxford University Press in 1993, and has written over 100 articles and contributions to books on public law. She has previously worked at the International Labour Organisation in Geneva, and as a senior lecturer at the Victoria University Law Faculty, has sat on the Securities Commission and numerous private and public entity boards and has undertaken ministerial reviews of the policy on women in combat and of the Privacy Act 1993. Mai was the inaugural chair of NZ Global Women. She was Next Businesswoman of the Year in 2011, and has been in the 50 top NZ influencers lists of the Listener and Unlimited magazines.

http://www.chenpalmer.com/people/mai-chen/

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