Creating a system of appeal, review, and complaint
This is a single section from Chapter 25. Read the full chapter here.
Does the legislation seek to exclude or limit the right to apply for judicial review?
Legislation should not restrict the right to apply for judicial review.
The right to apply to the High Court for judicial review of a decision exists independently of any statutory appeal rights and is affirmed by s 27(2) NZBORA. In judicial review proceedings the court will determine whether the decision was made in accordance with the law, or if it was within the range of reasonable decisions that could have been made. The court may set the decision aside, to be re-made by the decision maker. In rare circumstances, the court may substitute its own decision.
Ouster clauses (sometimes called privative clauses) remove the ability of the courts to judicially review the decision. Ouster clauses interfere with the courts’ constitutional role as interpreters of the law, and as such the courts will interpret such clauses strictly and may not give them their intended effect.