Effective Decision Making in Public Law Workshop
213NZW05: Led by Ben Keith, a Wellington barrister and specialist in administrative law and procedure, this workshop will cover the legal framework for good government decision-making: making sure that decision-makers act fairly, understand their powers and have the evidence that they need, plus what to do when things go wrong.
Description
Attend and earn 3 CPD hours
In this workshop you will canvass these issues through recent judicial and other decisions, including pandemic-related challenges and recent inquiries. This workshop is tailored to lawyers at all levels, working inside and outside government, and will equip you with the necessary skills to promote lawful and robust decision making.
9.00am to 10.00am
THE LEGAL FRAMEWORK AND WIDER CONTEXT OF DECISIONS
Determining the Legal Framework for Decisions
- What is or are the relevant power(s)?
- Who may exercise it?
- What are the relevant purpose(s), constraints and conditions?
Recognising the Wider Context
- The Treaty/te Tiriti
- Human rights
- International obligations
- Other relevant statutes
- The common law
10.00am to 11.00am
THE PROCESS AND DECISION MAKING TOOLS
Getting the Process Right
- Receipt and collection of relevant information
- Consultation
- Fairness
- Avoidance of actual or apparent conflicts or bias
Decision-Making Tools
- Policy and other guidance
- Assisted and automated decision-making
- Delegation
- Resort to external/expert advice
11.00am to 11.15am Morning Tea
11.15am to 12.15pm
END RESULTS
Communicating Government Decisions in (Post-)Pandemic Times
- Provisional decisions / consultation
- Reasons and reporting
- Public information / education
- Explaining decisions / answering questions
When Things (Might) go Wrong
- Anticipating and/or responding to the prospect of complaint, challenge or wider criticism
- Instituting and operating internal and external complaint, review and/or appeal procedures
- Modifying or retaking decisions
- Remedies for error
Presented by Ben Keith, Barrister, Thorndon Chambers
Learning Objectives:
- Understand the legal framework underpinning decision making
- Consider the wider context that affects decision making
- Develop strategies to ensure fairness and avoid actual or apparent conflicts or bias
- Receive valuable practical guidance on decision making tools
- Understand how to communicate government decisions in post-pandemic times
- Learn how to anticipate and respond to the prospect of a complaint, challenge or wider criticism
Presenters
Ben Keith is a barrister specialising in administrative, constitutional, human rights and public international law. Ben has made significant appearances at all levels of the New Zealand court system and in international fora and has advised and appeared in wider matters. These have included civil and criminal procedure, extradition, immigration law and refugee protection, law reform and legislative policy, private international law, regulatory and investigatory powers and obligations under te Tiriti o Waitangi/the Treaty of Waitangi. Ben’s appointments include serving as the first Deputy Inspector-General of Intelligence and Security, an appointment under warrant made by the Governor-General, undertaking several substantial inquiries, extensive work in national security law and wider oversight of legal and policy compliance. Ben has also worked as a specialist Crown Counsel in several roles within the New Zealand Crown Law Office, responsible for advising and representing the Attorney-General, other Ministers of the Crown and a broad range of government agencies.
Testimonials
“Fascinating and helpful”
“A very thorough and comprehensive overview of the subject”
“Ben was engaging, knowledgeable and insightful. His presentation style and materials were accessible and easy to engage with”
Venue
InterContinental Wellington
Level 1, 2 Grey Street
Wellington 6011
New Zealand
Parking
Limited valet parking available at $20 per day. Additional parking available at Wilson Parking with $5 per half hour and $22 for early-bird. Parking is not included in the registration fee and price is subject to change.
Directions
The Intercontinental is a 2 min walk from Lambton Quay which has a number of buses going to airport and suburbs. It's a 10 min walk to the nearest train station. Taxis are also available downstairs at the hotel entry