Introduction

Question 1

What is judicial review?

Answer 1

It is the process by which the courts review decisions made by the government in its manifestations. Judicial review is the process of challenging the lawfulness of decisions of public authorities, usually local or central government.

Question 2

What is judicial review for?

Answer 2

It is about the courts sitting in judgement and reviewing the decisions made up by the government

Question 3

How and when did the law of judicial review develop?

Answer 3

Over 400 years, 1607

Question 4

What principles does judicial review implicate?

Answer 4

“The role of regulators is to implement those policies through specific rules and in a transparent and predictable fashion”

Question 5

What is the body that decides if you can build or develop something on your property?

Answer 5

Environment

Question 6

What is the body that decides if you can operate a mine or oil well?

Answer 6

Natural Resources

Question 7

Which body decides which airlines can operate in NZ and bus companies?

Answer 7

Transportation

Question 8

Which body looks at whether someone has done a crime somewhere, sent to the prisoner by to our country?

Answer 8

Extradition

Question 9

A body has to decide some question where the statute says…

Answer 9

They have the authority to decide

Question 10

Relevant decision making is…

Answer 10

Delegated to the government

Question 11

Which body decides whether the prisoner can keep some piece of property or not?

Answer 11

Prisons

Question 12

If you are someone who is affected made by a government body and you don’t like to decision you may…

Answer 12

Want to go to a court and say please do something about this and it is what JR is about

Question 13

Who is the administrative state? (5)

Answer 13

Central government (Ministers & Departments), Local government and Inferior courts & tribunals

Question 14

What are the powers subject to review? (7)

Answer 14

Executive power
–	Statutory powers
–	Prerogative powers
Other statutory powers 
–	Local governments
–	Bodies corporate
–	Commissions of inquiry

Question 15

What are Commissions of inquiry?

Answer 15

Given power by statutory to investigate matters to report to the government

Question 16

Which court has the authority to have a JR of decision making?

Answer 16

High Court

Question 17

Which section and act discusses the application of JR

Answer 17

s 8 of the Judicial Review Procedure Act 2016

Question 18

What are the 4 prerogative writs?

Answer 18

• Mandamus
• Prohibition
• Certiorari
• Quo warranto

Question 19

What are the types of government as a science? (4)

Answer 19

• Expanding government
• Expertise
• Scepticism of Parliament
• Distrust of courts

Question 20

What are the Constitutional Principles? (3)

Answer 20

•	Democracy/parliamentary sovereignty
•	Separation of powers
•	Rule of Law	
–	Formal
–	Procedural
–	Substantive?

Question 21

Who creates the administrative state?

Answer 21

Parliament

Question 22

What are the requirements for good governance? (4)

Answer 22

• Participation
• Efficiency
• Expertise
• Finality

Question 23

What are the concerns in controlling the administrative state? (4)

Answer 23

– Fairness
– Legality
– Rationality
– Justice

Question 24

What section states the right to justice?

Answer 24

s 27 of the Bill of Rights Act 1990

Question 25

What is JR concerned with?

Answer 25

The decision making process rather than the decision itself. This highlights the difference between ‘appeal’ and ‘review’ - during an appeal, the court has the power to decide whether the decision is right or ring and can substitute it with their own view

Question 26

What does JR involve?

Answer 26

A two stage process: application for permission and judicial review hearing