An Impasse in New Zealand Administrative Law: How Did We Get Here?

Rodriguez Ferrere, M. B., ‘An impasse in New Zealand administrative law: How did we get here?’(2017) 28 PLR 310.

23 Pages Posted: 18 Jan 2019

Date Written: 2017

Abstract

Variable intensity or standards of review is an issue that has long vexed many Commonwealth courts and commentators. New Zealand is no exception, and a rigorous debate about the desirability of a structured approach to variable intensity of review has taken place in that jurisdiction for over a decade. Lacking in this debate, however, is any clear direction or guidance from the Supreme Court of New Zealand, which has remained silent on the issue. This article argues that this silence is a departure from the traditional approach of New Zealand's highest courts being at the vanguard of administrative law developments, and that there was a missed opportunity to contribute to the debate when the High Court decision of Wolf v Minister of Immigration was released in 2004. The inaction from New Zealand's highest courts in the years since risks the issue becoming mired in confusion.

Note: Rodriguez Ferrere, M. B., ‘An Impasse in New Zealand Administrative Law: How Did We Get Here?’(2017) 28 PLR 310.

Reproduced with permission of Thomson Reuters New Zealand Limited, www.thomsonreuters.co.nz .

Keywords: Administrative Law, Public Law, Wolf v Minister of Immigration, New Zealand

JEL Classification: K00, K23

Suggested Citation

Rodriguez Ferrere, M. B., An Impasse in New Zealand Administrative Law: How Did We Get Here? (2017). Rodriguez Ferrere, M. B., ‘An impasse in New Zealand administrative law: How did we get here?’(2017) 28 PLR 310., Available at SSRN: https://ssrn.com/abstract=3295338

M. B. Rodriguez Ferrere (Contact Author)

University of Otago - Faculty of Law ( email )

PO Box 56
Dunedin North
Dunedin, 9016
New Zealand

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