Administrative Law in Aotearoa New Zealand

This book on administrative law in Aotearoa New Zealand fills an important gap by providing a fresh scholarly account of the law in this area, with a focus on the analysis of key structures and principles.

It examines the underlying tensions between competing objectives, identifies current trends and debates, and includes dedicated chapters on administrative justice. Throughout, it encourages an appreciation of the broader scope of administrative law beyond judicial review. Reflecting the growing recognition of tikanga Māori as part of the law of Aotearoa New Zealand, the book also explores the potential roles tikanga may play in the development of administrative law.

The book is suitable for university courses, particularly specialist administrative law papers, and will also be valuable to judges, public officials, practitioners, policy makers, and academics across the common law world who wish to deepen their understanding of this evolving field.

Table of Contents

Part I: Introduction and Overview

Introduction

Public Administration and its Law

Introducing Debates: The Role of Political Values and Constitutional Principles

Part II: The Grounds of Judicial Review: Norms Governing Administration

Traditional Grounds of Review: Procedural Fairness

Traditional Grounds of Review: Illegality

Modern Extensions: Rights as Grounds of Review

Unreasonableness and Modern Extensions of Substantive Review

Part III: The Limits of Judicial Review

Availability of Judicial Review

A Better Framework for Calibrating Restraint?

The Limits of Judicial Remedies

Part IV: Public and Private

Public Law and Private Power: The Public Nature Test

Private Law and Public Power: Public Authorities’ Liability in Damages

Part V: Administrative Justice

Introduction to Administrative Justice

Front-line Decision-making: Getting it Right and Learning from Errors

Remedial Regimes: Putting Errors Right