JR structure

Question 1

jr remedies

Answer 1

at the courts discretion
1. centorari
- quashes
2. mandamus
- quash and remake
3. injuction
- court hears b4 decide
4. prohibition
- stop decsion from being made
5. declaration
- declares legal position

AIR NELSON
- presumption of remedies is difficult to displace but is discretionary

Question 2

JR OF DL

Answer 2

nz firearms process
1. determine meaning of the words in act
- presume p intended act 2 b consistent w tow, taxes, NZBORA + other acts
2. determine the meaning of DL
- presume if broad not likely ultra vires
3. does DL comply with act? ultra vires?
4. grounds?
- mistake of fact or law
- ir/relevant factors
-improper purpose

Question 3

JR OF DL CASES

Answer 3

liscenced firearms - broad purpose applied broadly
drew - ultra v due assume p wouldnt legislate over right s
taylor - ultra v w/ another act
brooke valley - if matter of opinion if regualtions comply with broad principles will likely not be ultra vires

Question 4

regulations review committee

Answer 4

• parliemnt select committee power to review and scrutinise common law disallows objectionable regualtions
• DL should be presneted to the HOR and they cab disallow, ammend or replace