Judicial Review - Unreasonableness Flashcards
What is the case that establishes the principle of reasonableness?
Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223
The incorrect granting of a license to show pictures at a cinema
What is the wednesbury principle?
The court has the ability to intervene with the decision of a public authority if the decision was so unreasonable that no reasonable authority could have come to that conclusion
what were the conditions under which a decision could be considered unreasonable and liable to be quashed on judicial review
- the decision is so extreme it goes against common sense and logic and is completely absurd
- Failure to take into account relevant factors and also considers irrelevant factors. The decision-making process will be unreasonable if it is not based on a proper assessment of the relevant facts and considerations.
What is the first key case studied in relation to unreasonableness?
Wellington City Council v Woolworths New Zealand Ltd (No 2) [1996] 2 NZLR 537
What was the background to Woolworths?
involving the rates for commercial ratepayers. The commercial ratepayers argued that the wellington city council had breached its statutory responsibilities in not making a larger alteration to the differential and in striking the rates
What are the key points from woolworths?
Supports the wednesbury test
to prove a case of that kind requires something overwhelming (quoting wednesbury)
unreasonable decisions are “ones outside the limits of reason” quoting cooke P from Webster v auckland harbour board
What is the second key case looked at for unreasonableness?
Wolf v Minister of Immigration [2004] NZAR 414 (HC) wild J
What is the background in Wolf?
Wolf challenged the decision of the Minister of immigration to deny his application for a visa
What does the judgement in wolf do?
Expands the factors that the court should consider when looking at whether a decision has been made unreasonably
It says that the court should be looking at:
1. the nature of the decision
2. who made the decision
3. by what process
4. what did the decision involve
5. the importance of the decision to those affected by it
