Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $325 - NZLS members and Associate members
• $425 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Judicial review proceedings are a useful means of challenging decisions made by a range of public, private and voluntary organisations. If you operate in the public law area or advise decision-makers, this seminar offers you a practical approach to the principles and processes of judicial review.

Topics covered will include:

• The fundamentals of judicial review
  • what judicial review is
  • how it fits into our constitutional framework
  • how those affected by decisions can use the judicial review process to their strategic advantage
  • legal principles for lawful decision-making: in a nutshell “what are the grounds of review?” and “what do they really mean?”.
• Promoting lawful decision-making/avoiding judicial review
  • consulting effectively
  • getting the paperwork right
  • your role as legal advisor
  • a “good process” model and checklist.
• How to run and defend a judicial review action
  • pleadings
  • interim orders
  • interlocutory matters
  • evidence
  • the hearing.

Learning objectives

By completing this module you will:

• Know the requirements for valid decision-making.
• Learn the courts’ approach to the legal requirements for decision-making
• Consider strategic options for influencing the decision-making process in your client’s favour.
• Consider how best to achieve your client’s objective and learn how to run a judicial review proceeding.

Electronic paper 

Authors: Robert Kirkness, Sally McKechnie
Published: 19 June 2024
Pages: 95

Introduction

The purpose of this book is to provide practical guidance to practitioners involved in judicial review cases before the New Zealand courts.

This NZLS CLE seminar offers a practitioner’s perspective of judicial review by engaging in a practical discussion of what judicial review is, how we think it is changing, and how to “do it” if you find yourself needing to bring (or defend) judicial review proceedings on behalf of a client.

We need to acknowledge that this seminar is a longstanding one. This book has been the work of several leading public law practitioners, including, most recently, Francis Cooke QC (as he then was). While we have adapted and updated the book, it owes much to the work of those earlier authors and Justice Francis Cooke, in particular.

The book in its current form offers an overview of the fundamentals of judicial review. It then focuses on the grounds for review that have been recognised by the New Zealand courts, including by reference to examples of decisions in this area by the New Zealand courts and, in some cases, the courts of other common law jurisdictions. (continued...)

PowerPoint Presentation

These are the slides included in the presentation.