Hanna Wilberg

University of Auckland - Faculty of Law

Private Bag 92019

Auckland Mail Centre

Auckland, 1142

New Zealand

SCHOLARLY PAPERS

20

DOWNLOADS
Rank 29,999

SSRN RANKINGS

Top 29,999

in Total Papers Downloads

1,521

SSRN CITATIONS

1

CROSSREF CITATIONS

6

Ideas:
“  I have started work on a new book entitled "Principles of NZ Administrative Law", to be published by Hart Publishing in 2021.Other work in progress includes a paper on justifying judicial review for mistake of fact; one on accommodating administrative discretion in negligence claims against public authorities; and one on statutory interpretation that argues interpretations should be consistent with what can be ascertained of how legislators in the enacting Parliament understood the Bill.  ”

Scholarly Papers (20)

1.

Introduction to: 'The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow'

Forthcoming in H Wilberg and M Elliott (Eds), "Substantive Grounds of Review: Traversing Taggart's Rainbow" (Hart Publishing 2015)
Number of pages: 14 Posted: 25 Nov 2014
Mark Elliott and Hanna Wilberg
University of Cambridge - Faculty of Law and University of Auckland - Faculty of Law
Downloads 298 (101,488)

Abstract:

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Administrative Law, Judicial Review of Administrative Action, Standard of Review, Substantive Grounds of Review, Deference

2.

In Defence of the Omissions Rule in Public Authority Negligence Claims

Torts Law Journal, Vol 19, pp 1–32, 2011
Number of pages: 39 Posted: 01 Jul 2011 Last Revised: 28 Dec 2014
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 277 (110,237)

Abstract:

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3.

Substantive Grounds of Review: Mistake of Fact

Number of pages: 25 Posted: 01 Jul 2011 Last Revised: 02 Jun 2019
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 235 (130,035)

Abstract:

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4.

Deference on Relevance and Purpose? Wrestling with the Law/Discretion Divide

Hanna Wilberg and Mark Elliott (eds) "The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow" (Hart Publishing, 2015)
Number of pages: 28 Posted: 17 Jun 2015
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 173 (173,071)

Abstract:

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5.

Against Public Interest Standing in Administrative Law: Exploring a Non-Individualist Constitutional Argument

Number of pages: 20 Posted: 01 Jul 2011
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 120 (232,905)

Abstract:

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Standing, Locus Standi, Administrative Law

6.

Resisting the Siren Song of the Hansen Sequence: The State of Supreme Court Authority on the Sections 5 and 6 Conundrum

(2015) 26 PLR 39
Number of pages: 37 Posted: 21 Nov 2014 Last Revised: 18 Mar 2015
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 55 (371,908)

Abstract:

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New Zealand Bill of Rights, Constitutional Law, Human Rights, Proportionality, Reasonable limits

7.

Administrative Law (2013 review of NZ developments)

New Zealand Law Review 715, 2013
Number of pages: 25 Posted: 21 Nov 2014 Last Revised: 20 Aug 2017
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 54

Abstract:

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Administrative Law, New Zealand, Illegality, Improper Purposes, Delegated Legislation, Dictation and Fettering, Procedural Fairness, Right to a Hearing, Disclosure of Information, Availability of Judicial Review, Privative Clauses, Questions of Fact, Duty to Give Reasons

8.

The Bill of Rights in Administrative Law Cases: Taking Stock and Suggesting Some Reassessment

[2013] 25 New Zealand Universities Law Review 866
Number of pages: 31 Posted: 17 Jul 2014
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 51 (384,848)

Abstract:

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New Zealand Bill of Rights, Administrative Law, Human Rights, Deference, Proportionality

9.

Judicial Review of Administrative Reasoning Processes

Forthcoming, Peter Cane, Peter Lindseth, Eric Ip and Herwig Hofmann (eds) Oxford Handbook of Comparative Administrative Law (OUP 2020)
Number of pages: 21 Posted: 29 May 2019
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 46 (401,966)

Abstract:

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Administrative Law, Comparative Administrative Law, Comparative Law, Grounds of Review, Standard of Review, Intensity of Review, Illegality, Reasoning

10.

Administrative Law [2016 Triennial Review of NZ Developments]

2016 New Zealand Law Review 571
Number of pages: 33 Posted: 26 Jan 2017
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 37 (436,520)

Abstract:

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11.

Common Law Rights Have Justified Limits: Refining the 'Principle of Legality'

ch 8 in Meagher and Groves (eds) The Principle of Legality in Australia and New Zealand (Federation Press, 2017)
Number of pages: 26 Posted: 20 Jul 2017
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 35 (444,706)
Citation 1

Abstract:

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Administrative Law, Human Rights, Statutory Interpretation, Common Law Rights, Proportionality, Justified Limits

12.

The 'Ireland' Principle on Unauthorised but not Improper Purposes: An Exploration and Defence

New Zealand Law Review, special issue on 'NZ Administrative Law', part 1 of 2016, pp 95–125
Number of pages: 24 Posted: 17 Apr 2015 Last Revised: 03 Jan 2017
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 28 (477,173)

Abstract:

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administrative law, illegality grounds, improper purposes, irrelevant considerations, materiality tests, scope of power, error of law, statutory interpretation, rule of law

13.

Administrative Law (2010 Review of NZ Developments)

New Zealand Law Review 177, 2010
Number of pages: 28 Posted: 21 Nov 2014 Last Revised: 09 Sep 2015
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 26 (487,724)

Abstract:

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Administrative Law, New Zealand, Availability of Judicial Review, Privatisation, Domestic Effect of International Law, Procedural Fairness, Substantive Legitimate Expectations

14.

Interrogating 'Absolute Discretion': Are NZ's Parliament and Courts Compromising the Rule of Law?

(2017) 45(4) Federal Law Review 541
Number of pages: 34 Posted: 28 Dec 2017
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 23 (504,365)

Abstract:

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Administrative Law, Rule of Law

15.

Facing Up to the Original Breach of the Treaty

New Zealand Law Review 527, 2007
Number of pages: 21 Posted: 21 Nov 2014 Last Revised: 17 Dec 2014
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 17 (539,501)

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Indigenous Rights, Colonialism, Treaty of Waitangi, New Zealand, representative government, legal history, Crown, reserve powers

16.

Judicial Remedies for the Original Breach?

New Zealand Law Review 713, 2007
Number of pages: 30 Posted: 21 Nov 2014 Last Revised: 17 Dec 2014
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 14 (557,327)

Abstract:

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Administrative Law, New Zealand, Treaty of Waitangi, Indigenous Rights, Statutory Interpretation, Remedies

17.

Interpretive Presumptions Assessed Against Legislators’ Understanding

in Mark Elliott, Jason NE Varuhas and Shona Wilson-Stark (eds), The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives (Oxford, Hart, 2018) 193
Number of pages: 26 Posted: 30 May 2019
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 13 (563,410)

Abstract:

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Rights, Statutory Interpretation, Canons of Interpretations, Presumptions, International Law, Common Law Rights, UK, NZ, Australia, Constitutional Principles

18.

Mistakes About Mistake of Fact: The New Zealand Story

(2017) 28 Public Law Review 248
Number of pages: 31 Posted: 19 Jul 2017 Last Revised: 02 Jun 2019
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 10 (582,289)

Abstract:

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administrative law, substantive grounds of review, mistake of fact, New Zealand

19.

Defensive Practice or Conflict of Duties? Policy Concerns in Public Authority Negligence Claims

Law Quarterly Review 420, 2010
Number of pages: 29 Posted: 21 Nov 2014 Last Revised: 08 May 2019
Hanna Wilberg
University of Auckland - Faculty of Law
Downloads 9 (588,637)

Abstract:

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Torts, Negligence, Public Authority Liability, Duty of Care, Policy Concerns

20.

Interpretive Presumptions Assessed Against Legislators' Understanding

Elliott, Varuhas and Stark (eds) The Unity of Public Law: Doctrinal, Theoretical and Comparative Perspectives (Hart Publishing, Forthcoming)
Posted: 20 Jul 2017
Hanna Wilberg
University of Auckland - Faculty of Law

Abstract:

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Statutory interpretation, legislative intention, human rights, international law, presumptions, comparative law

Other Papers (1)

Total Downloads: 37
1.

Mistake of Fact NZ High Court Cases Since 2004

Number of pages: 72 Posted: 06 Mar 2016 Last Revised: 03 Jan 2017
Yoav Zionov and Hanna Wilberg
University of Auckland, Students and University of Auckland - Faculty of Law
Downloads 37

Abstract:

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Administrative Law, Judicial Review of Administrative Action, Substantive Grounds of Review