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Administrative Law

Administrative law is directed towards promoting the rule of law through the review of executive and official action. Governmental powers in New Zealand are derived from three sources: executive, legislative and judicial. The key focus of administrative law is control by the judicial branch of the public actions of the executive or administrative branch of government. This topic of law is often described as 'judicial review'.

The Judicature Amendment Act 1972 provides an omnibus procedure through an application for review (largely replacing the old common law remedies) whereby the High Court can ensure that decisions by the executive or by a public (administrative) body are made according to law. Grounds of review including: excess of jurisdiction, error of law, breaches of fairness or natural justice, want of reasonableness or abuse of powers.

Administrative law cases regularly involve the statutory interpretation of the legislation under which the decision was made or power exercised. This area may be referred to as a branch of public law, along with constitutional law. Various members of Chambers have extensive experience in administrative law and judicial review cases.

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