Week One: NZ Legal System and Case Law & Analysis Flashcards
Three main acts of LWST 302
- Natural & Bill Environment Bill
- Spatial Planning Bill
3.Resource Management Act
Three branches of Government
- The Legislature/Parliament (All MP’s that hold Ministerial warrants plus King/GG)
- The Executive (Ministers, both inside and outside Cabinet and Government departments)
- The Judiciary (Judges)
Constitutional Monarchy: Kings power limited by
- New Zealand’s constitution
- New Zealand’s established legal framework which is part of the rule of law
His Majesty the King in Right of New Zealand
Treaty signed 6th Feb 1840, King Charles III is his Majesty King in right of NZ the in right of recognises the treaty that he got rights to be the King by the treaty being signed.
New Zealand’s Constitution: Written and unwritten
Written: Magna Carta, Constitution Act 1986, The Treaty, New Zealand Bill of Rights 1990
Unwritten: Treaty Principles e.g. right to be consulted in good faith
Exercise of royal powers
As per S 3 of Constitution Act 1986 (Exercise of royal powers)
- Giving Royal assent to legislation
- Summoning, proroguing (place on hold) and dissolving Parliament
- Appointing the Government
- Right to be consulted, encourage and warn
- Opening Parliament
- Conferring honours
Governor Generals powers over Parliament
Governor General has powers through Proclamation to:
- Summon Parliament
- Change the meeting place of Parliament
- Prorogue Parliament
- Dissolve Parliament
Limits on Governor General
- 5 year term
- Needs permission to leave NZ
Structure of Parliament - House of Representatives
Until 1950 NZ had a 2 house system an Upper House and a House of Representatives. Now NZ just has the House of Representatives which consists of MP’s that are elected in accordance with Electoral Act 1993.
Passage of a bill
- Introductory reading
- First reading
- Select Committee
- Second reading
- Committee of Whole House
- Third reading
- Enacted and ready for Royal Assent
Parliamentary business
- Government Budget
- Black letter law
- Hearing petitions
- Initiating inquiries
- Debates concerning the issues of the day
- Holding the Executive to account
Judiciary- Courts of general jurisdiction
Courts of general jurisdiction are able to hear any matter that is not allocated to a specialist court. The District Court, High Court, Court of Appeal and the Supreme Court are courts of general jurisdiction
Adversarial system
This is where each side turns up and argues for their clients, it is one side against the other.
Common law system
This is law that is written down you have judgements and cases and we rely on black letter law (legislation) and what is decided in other cases.
Administrative law
Relates to how the law is administered:
- Is the decision maker biased?
-Is the decision maker acting irrationally?
-Is the person accused aware of what they are being accused for
-Is the accused person being given a fair opportunity to respond
Administrative law protects against
- Illegality : Acting outside the law/error of law. Acting with improper purpose. Fettering discretion (giving your ability to decide to someone else). Error of fact.
- Procedural impropriety: Natural justice. Bias. Hearing both sides. Irrationality.
Checks and Balances
- Three branches of Government and the separation of powers.
Law is..
- Rules that order society (written or unwritten)
- Limitations on behaviour
- Setting norms
- Rule of law (People that decide the law must also obey the law)
Law vs Case Law
Law : Statue Law (Black Letter Law): Acts, regulations and orders in council
Case Law: From cases
Case Law defined
The principles of law arising from judicial decisions.
Cases provide information on how a set of facts are dealt with by the Courts and how the words in Acts and Legislative instruments are to be interpreted.
Justices
- Supreme Court
- Court of Appeal
- High court
Judges
- District Court
- Environment Court
With more than one judge hearing a case what can happen?
The judges do not have to reach the same judgement as if you required that you would be fettering their discretion. Each judge decides for themselves and writes up their own decision on the case so you know each persons thoughts.
What is case analysis?
- Analysing a decision of the Courts to find its precedent value.
- Precedent is also referred to as ‘Doctrine of Precedent’ or ‘Stare Decisis’. Precedent is a case you can use in another case to help you.
