Judicial Review

Te Tiriti o Waitangi

Public law governs the relationship between government and individuals.

Administrative law is designed to ensure that statutory powers and duties are exercised lawfully. Constitutional law, on the other hand, concerns whether the exercise of power is consistent with a nation’s founding principles (e.g. Te Tiriti o Waitangi).

Central (ministerial) and local government decision-making can adversely impact the position of businesses, certain classes of people, or individuals. In these circumstances, the decision may be open to appeal or judicial review.

Robert specialises in statutory appeals, judicial review, and related proceedings such as injunctions and declarations.

Selected highlights

  • Counsel for tangata whenua in Motiti Avocados Limited v Minister of Local Government [2013] NZHC 1268 (HC).
  • Counsel for Society in Akaroa Marine Protection Society Incorporated v The Minister of Conservation [2012] NZHC 933, [2012] NZRMA 343, [2012] NZAR 655 (HC).
  • Advised appellant counsel on water rights in New Zealand Maori Council v Attorney-General [2013] NZSC 6, [2013] 3 NZLR 31 (SC).
  • Represented the New Zealand Law Society during the passage of the Exclusive Economic Zone and Continental Shelf Act 2012.
  • Represented Local Government New Zealand during the passage of Marine and Coastal Area Act 2011.