Judicial Review: Practice, Procedure and Recent Developments
Join an exceptional panel of public law experts to discuss some of the most topical issues in judicial review right now. You will receive an overview of the latest cases in the past six months, discuss judicial review in the context of the Treaty of Waitangi, and consider the evidentiary issues and the use of interim relief in judicial review proceedings. Stay updated and gain valuable insight into the core principles you can immediately incorporate into practice. WEB2111NZA18
Description
Attend and earn 3 CPD hours
Chair: Simon Mount KC, Bankside Chambers
1.15pm to 1.20pm Opening Comments by the Chair
RECENT DEVELOPMENTS IN JUDICIAL REVIEW
1.20pm to 2.05pm Recent Judicial Review Cases and Trends
Review recent judicial review case law and discuss the practical implications for your clients and organisations.
Presented by Katherine Anderson, Barrister, Sangro Chambers
2.05pm to 2.50pm Judicial Review and the Treaty of Waitangi
Consider judicial review in the context of the Treaty of Waitangi, and examine recent significant developments.
Presented by Bryce Lyall, Partner, Lyall & Thornton
EVIDENCE AND PROCEDURE IN JUDICIAL REVIEW
2.55pm to 3.40pm Issues of Evidence in Judicial Review Proceedings
- Preparation of evidence in judicial review proceedings
- Using evidence for effective advocacy
- Expert evidence in judicial review proceedings
- Tips and traps
Presented by Nicholas Russell, Barrister, Harbour Chambers
3.45pm to 4.30pm The Use of Interim Relief in Judicial Review
- The types of interim relief, and when relief may be available, in judicial review proceedings
- The Impact of the Judicial Review Procedure Act 2016
- Proceedings where the Crown is a respondent
- Practical considerations
Presented by Jonathan Scragg, Chair and Partner, Duncan Cotterill
Learning Objectives:
- Examine recent judicial review cases and discuss the trends and practical implications
- Consider judicial review in the context of the Treaty of Waitangi, and analyse recent significant developments
- Gain valuable insight into evidentiary issues in judicial review proceedings
- Consider the use of interim relief
Presenters
Simon Mount KC
Simon Mount KC practices in Auckland and Wellington. He specialises in public law, criminal and regulatory law including health and safety, professional discipline and public inquiries.
Simon began his career as a Judges Clerk in 1995, received a Fulbright Scholarship in 1997, and an LLM degree from Columbia Law School in New York in 1999. He was a Crown Prosecutor for 10 years before joining the independent bar and working primarily in the fields of public law, inquiries, regulatory law, criminal law and professional discipline. He is admitted to practise in the Cook Islands and is the Attorney-General for the Pitcairn Islands. He is an updating editor of Cross on Evidence, and a frequent author and presenter in the areas of public law, inquiries, evidence, criminal and medical law.
Katherine Anderson
Katherine, a litigator with more than 20 years' experience, brings a depth of legal experience where commercial interests, public sector decision-making and public policy converge. She has managed large and complex multi-party disputes (commercial and public law), judicial review cases, inquiries, health and disability complaints and coronial inquests. Katherine regularly represents parties bringing or defending judicial review claims (both in the central and local government contexts). Katherine has a diverse legal background. She has worked in the public sector (Department of the Prime Minister and Cabinet, New Zealand Police and Auckland Council) and as a litigation partner in private practice. Katherine’s specialty is public law advice and litigation concerning the impact of central or local government decisions on entities or individuals. Katherine is a part time member of the Human Rights Review Tribunal. In this role, Katherine exercises an adjudicative function in cases relating to breaches of the Human Rights Act, the Privacy Act and the Health and Disability Commissioner Act.
Bryce Lyall, Partner
Bryce Lyall is a Partner at Lyall & Thornton, Barristers and Solicitors in Auckland. He lives in Titirangi with his wife and young whānau. His practice includes public law, Treaty of Waitangi matters, human rights, land and environmental law. He has appeared for parties in the Waitangi Tribunal, the Māori Land Court, the District Court, the High Court, and the Court of Appeal. Bryce currently appears for several applicants seeking recognition of rights under the Marine and Coastal Area (Takutai Moana) Act 2011, for parties in the Waitangi Tribunal and Māori Land Court, and in alternative dispute resolution processes. He also undertakes work in judicial review proceedings and in relation to environmental matters, including climate change issues. Bryce is a member of Lawyers for Climate Action NZ Incorporated. He recently published a paper reviewing the prospects for atmospheric trust litigation in Aotearoa New Zealand produced while studying towards a Master of Laws in international law at the University of Auckland.
Nicholas Russell
Nicholas Russell has over 20 years’ experience in civil litigation and public law. He has appeared as counsel in a wide range of key cases at the High Court, Court of Appeal, Supreme Court and Privy Council, as well as the High Court and Court of Appeal in the Cook Islands. Prior to joining Harbour Chamber in 2020, Nicholas was a partner at Chen Palmer, New Zealand’s leading specialist public law firm. Nick’s main areas of practice includes public law litigation and judicial review, commercial litigation, media and defamation, regulatory and health law.
Jonathan Scragg, Chair and Partner, Duncan Cotterill
He has particular experience managing large, complex disputes and is an experienced advocate in the Courts and in mediation. In insurance law, Jonathan's work predominantly involves advising on indemnity issues and defending professional liability claims, complaints/disciplinary processes and regulatory prosecutions for a range of advisory, financial and property professionals. Jonathan’s public law practice involves advising public and private sector entities on the operation and enforcement of legislation and representing parties in judicial review, including in seeking interim relief. Jonathan is the first New Zealand member of the Presidential Council of the International Insurance Law Association (AIDA) and is a past president of the New Zealand Insurance Law Association Inc (NZILA). Jonathan is a member of the Australian and New Zealand Institute of Insurance and Finance (ANZIIF).