Overview

Question 1

What are the 3 branches of power in the NZ legal system

Answer 1

1. Executive
2. Legislature
3. Judiciary

Question 2

Executive =

Answer 2

The Government

Question 3

Legislature =

Answer 3

Parliment

Question 4

Judiciary =

Answer 4

The Courts

Question 5

What does the Executive do?

Answer 5

Administers laws made by Parliment.
Creates bills to get passed
Runs the country - taxes etc.

Question 6

What does the Legislature do?

Answer 6

Makes legislation
Is a democratic body who represents voters.

Question 7

What does the Judiciary do?

Answer 7

Interprets and applies the law.
Makes precedent, developing the common law
Scrutinises the executives actions

Question 8

What are the 2 features of Parliament?

Answer 8

1. Soverigen = in theory, can pass any law that they like as long as they reach a majority
2. Supreme = Judiciary and Executive branches cannot overide.

Question 9

What is the Hierarchy of the courts in NZ

Answer 9

Tribunal’s and Authorities –> District Court –> High Court –> Court of appeal –> Supreme Court

Question 10

What is Judicial Independence?

Answer 10

Decides every case according to law. Must be apoliical and not beholden to other braches

Question 11

Why do we have a hierarchy of courts in NZ?

Answer 11

Efficiency and Accessibility
Provides a system of appeal
Helps determine what cases are binding or not
Divides judicial workload

Question 12

Who is in the legislature?

Answer 12

Members of Parlilent =
Govenor General
House of Reps
MP’s

Question 13

Who is in the judiciary?

Answer 13

Judges

Question 14

Who is in the executive?

Answer 14

Ministers
Government Departments

Question 15

How do these branches interact:
Judiciary + Executive

Answer 15

In judicial review - the courts scrutinise executive actions

Question 16

How do these branches interact:
Judiciary + Legislature

Answer 16

Legislation that is made by the executive, if vauge or ambigious, requires judges to interpret it.

Question 17

How do these branches interact:
Executive + Legislature

Answer 17

Executive might, when administering legislation from Parliment, soften or shape it’s impact.
The legislature also holds the executive to account by asking questions in Parliment

Question 18

What are the steps of a bill being enacted into a law?

Answer 18

1. Introduction
2. First reading (first chance to debate the bill, if majority vote yes then it moves on)
3. Select Committees (invites public opinion and write a report with feedback)
4. Second Reading (debate of the principles and changes suggested by previous stage)
5. Committee of Whole House (members have chances to make short speeches and debate, final form of bill agreed)
6. 3rd reading (summing up final form, final vote)
7. Royal Assent (Govenor General signs)

Question 19

Stare Decisis —> ….

Answer 19

The Doctrine of Precedent

Question 20

What does Stare Decisis/The Doctrine of Precedent set down?
What are the 2 pillars?

Answer 20

Rules around when the courts should follow precedent:
1. “Like cases ought to be decided alike”
2. Courts are bound to follow vertical stare decisis

Question 20

“Like cases ought to be decided alike” =

Answer 20

Cases with sufficiently similar facts should be decided with the same precedent.

Question 21

Vertical stare decisis =

Answer 21

Lower courts are bound to follow the decisions of courts higher than them in the hierarchy
Highest courts do not have to follow the precedents of lower courts

Question 22

Horizontal Stare Decisis =

Answer 22

The hierarchy within each court
Courts are expected to follow precedents that is has considered within itself/ their own court.

Question 23

What are the values promoted by following precedent?

Answer 23

Certainty
Orderly development of the law
Justice and fairness
Efficiency
Predictability
Stability
Public confidence

Question 24

Ratio decendendi

Answer 24

The reason for the decision
The legal rule that emerges from the case
Binding

Question 25

Obiter Dicta =

Answer 25

Observations made by court when deciding a case
“If the facts were…this….would be different”
Not legally binding
But can be helpful

Question 26

Horizontal Stare Decisis in NZ courts =

Answer 26

Eg; District court –> Persuasive –> District court

Question 27

Whatever the …. court says is the end say

Answer 27

Supreme

Question 28

The persuasiveness of a case is contributed to by…

Answer 28

How long it has been there
How often it has been applied - the more often it is applied, the more persuasive it is

Question 29

The court of appeal and supreme court, as the top courts, take…approaches when…

Answer 29

Take cautious approaches when departing from their own earlier precedent
Only in compelling circumstances

Question 30

What justifies departure from earlier precedent?

Answer 30

Earlier decision is per incuram (court failed to consider a binding authority or relevant statute, bad judgement)
Decision has been overtaken by societal change
Age
Number of judges

Question 31

What is the nature of overseas precedents?

Answer 31

Overseas precedents are NEVER binding on our courts in NZ
But our courts may find them helpful and treat them as persuasive to a decision.

Question 32

How persuasive you treat an overseas case depends on?

Answer 32

How similar the law in that country is to NZ
Is there similar cultural traditions - how similar the societies are
What level of court is it from overseas
How convincing is the reasoning

Question 33

Overseas law most like ours in NZ =

Answer 33

Australia, UK, Canada