Privately Public

Public Law Review, Vol. 24, pp. 108-124, 2013

Victoria University of Wellington Legal Research Paper No. 134

17 Pages Posted: 14 Jun 2013 Last revised: 18 Mar 2015

See all articles by Dean R. Knight

Dean R. Knight

Victoria University of Wellington - Faculty of Law

Date Written: June 1, 2013

Abstract

This article considers the amenability of private incorporated bodies to judicial review in New Zealand, along with the related question of the relationship between common law review and the statutory recognition of judicial review in the Judicature Amendment Act 1972 (NZ). In particular, it analyses whether the Act confers jurisdiction to review such bodies, without an assessment of their “publicness”, as would otherwise be required under common law review.

It is argued that the text, purpose, scheme, policy, and constitutional considerations weigh against the Act being jurisdiction-conferring. In other words, even if a body appears to meet the language of the Act, the courts must still assess its publicness when determining whether it is amenable to review. The Act is better understood as providing procedural support for judicial review only.

Keywords: judicial review, Judicature Amendment Act 1972, New Zealand, justiciability, jurisdiction

JEL Classification: K1

Suggested Citation

Knight, Dean R., Privately Public (June 1, 2013). Public Law Review, Vol. 24, pp. 108-124, 2013, Victoria University of Wellington Legal Research Paper No. 134, Available at SSRN: https://ssrn.com/abstract=2277793

Dean R. Knight (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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