JR - delegated legislation

Question 1

dl is suject to

Answer 1

jr

Question 2

the key question to ask for DL is

Answer 2

if the decsion is ultra vires or not

Question 3

what is the process laid out in nz firearms case for DL

Answer 3

1. determine the meaning of the words of the act and authority given
2. determine the meaning of the DL
3. does the DL comply with the act

Question 4

what if the DL is not comply with the act

Answer 4

the DL is ultra vires and void

Question 5

under step one what are the presumptions

Answer 5

that the act would not be contrdictory to or inconsistent with
- nzbora
- TOW
- imposition of taxes
- repugannat with other acts

Question 6

under step 2, reghualtions that are repugnant of the purpsoe of the legistaltion they are made under

Answer 6

will be ultra vires
(taylor, brook)

Question 7

under step 2, if dl made under a broad provison is a matter of opinion

Answer 7

the policy maker will have a decent amount of discretion and the regualtion is unlikely to be ultra vires unless it obvioslu gives off such purposes

Question 8

many of the grounds used in jr

Answer 8

can be used for DL

Question 9

w

what grounds are not likely used for DL that are used for JR

Answer 9

natural justice/consultation
and
unreasonableness

Question 10

why isnt natural jsutice/consultation used

Answer 10

as parliamnet usually makes clear through empowering provisions when dl can be used, there is not much of a way to read in natural jsutice rights

Question 11

w

why isnt unreaosnableness used as a ground for DL

Answer 11

as dl is unlikely to be unreasonbable where parliament had made clear what it will look like thriugh the empowering provision

Question 12

case law on dl

Answer 12

lisenced firearms
drew
taylor
brook valley

Question 13

lisenced firearms case for DL

Answer 13

the purpose of the act was veyr broad and demonstarted a precautionary approach that was plainly open - broad purposes will be interpretated broadly
JR of DL can invoke the same grounds as JR

Question 14

DREw v AG in the context of DL

Answer 14

regualtions were passed that prohibited legal rep in all hearings
breached nzbora
was made ultravires due to the assumption that parliemnt wouldnt ahve wanted to make legislation that was in conflict with NZBora, NOT that it is incocnsinet with nzbora solely as per s4 states nzbora cannot hold an enactment invalid

Question 15

taylor in the context or jr

Answer 15

the decsion was repugant of existing legislation the smokefree act

it was ultra vires as it was repugnat to existing legislation and parliaments intention shown in empowering legislation

Question 16

brooke valley in the context of JR

Answer 16

if a regualtions compliance with broad principles/puorpsoes is a matter of opinion the the regualtion is unlikely to stop the purpose of the empowring act and not be found ultra vires

Question 17

what are the main parlimentray controls on dl

Answer 17

• drafting the empowerin provision to have clear limits
• the regualtions review committee
• disallowance by parliament

Question 18

what is the regualtions review committee

Answer 18

a parl select committee that has the power to review and scrutinise CL and disallow objectionabkle regulations

Question 19

what is disallowance by parliament

Answer 19

• all secondary legislation must be presnted to the HOR , who can disallow or ammend or replace it
• disallowances have the same efffect as revocations