Public and Administrative Law

Public Law involves the relationship between parties and the State. Barristers at Bankside Chambers have experience in all aspects of Public Law, including appearing before select committees, representing parties in public inquiries, advising on aspects of constitutional law and human rights, obtaining disclosure of information from public bodies and acting in litigation for and against the Crown.

Administrative Law can be regarded as that species of Public Law concerned specifically with the administration and regulation of State agencies, and includes judicial review. In New Zealand, the Judicature Amendment Act 1972 provides a process (largely replacing the old common law remedies) for challenging decisions and powers of State agencies by way of an application for judicial review to the High Court. Judicial review is available where an agency has, for example, acted in excess of its jurisdiction, made an error of law, breached requirements of natural justice and/or acted unreasonably or for an improper purpose. In these circumstances, the High Court may in its discretion grant any number of remedies.

Judicial review cases generally involve questions of statutory interpretation of the legislation under which the decision was made or power exercised.

Experts in this area