Judicial Review: Recent Cases and 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, including COVID cases, discuss recent developments relating to judicial review and the Treaty of Waitangi, and consider judicial review of environmental matters. Stay updated and gain valuable insight into the core principles you can immediately incorporate into practice. WEB226NZA11
Description
Attend and earn 4 CPD hours
Chair: Simon Mount KC, Bankside Chambers
JUDICIAL REVIEW AND CASE UPDATE INTENSIVE
9.00am to 10.00am Recent Cases and Judicial Review Trends
Join Matthew Smith and receive a roundup of recent cases and the judicial review trends that you need to know.
Presented by Ben Keith, Barrister, Thorndon Chambers
10.00am to 11.00am Spotlight on COVID Related Judicial Review Cases
Examine the judicial review cases focused on COVID issues in the last year, including challenges to the vaccination programme, the MIQ system and COVID restrictions.
Presented by Jonathan Scragg, Partner, Duncan Cotterill
11.00am to 11.15am Break
RECENT JUDICIAL REVIEW DEVELOPMENTS: ENVIRONMENT AND TE TIRITI O WAITANGI
11.15am to 12.15pm Update on Judicial Review of Notification Cases Under the RMA
- What is being judicially reviewed (process not decision)
- Grounds on which challenges can be made
- Approach by Courts’ to judicial review of RMA decisions
- Update on:
- Court’s interpretation of “environment”
- Role of Council in judicial review decisions
- Concluding remarks
Presented by Alan Webb, Barrister, Quay Chambers
12.15pm to 1.15pm The Treaty of Waitangi|Te Tiriti o Waitangi and Judicial Review
Consider judicial review in the context of the Treaty of Waitangi and examine recent significant developments.
Presented by Bryce Lyall, Partner, Lyall & Thornton
Learning Objectives:
- Ensure you’re up to date with recent and important judicial review cases
- Understand the complex area of judicial review in the environmental context
- Receive practical guidance on recent judicial review and Treaty of Waitangi developments
Presenters
Simon Mount KC
Simon Mount KC practises 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.
Ben Keith
Ben Keith is a barrister at Thorndon Chambers, Wellington, principally practising in administrative, constitutional, human rights and public international law. He has also worked as a specialist Crown Counsel in several fields within the New Zealand Crown Law Office and, from 2014-, 2017, was the first Deputy Inspector-General of Intelligence and Security. Ben has appeared at all levels of the New Zealand court system, including matters before the Court of Appeal, Supreme Court, Privy Council and the Waitangi Tribunal. Significant matters include precedent decisions in civil procedure, public and private international law, human rights and regulatory/investigatory powers; several significant inquiries; and work before several United Nations fora and in other jurisdictions. Advisory work has included numerous published legal opinions, contributions to the policy and drafting of legislation in several fields and advice across most aspects of government administration., Ben is currently a member of the New Zealand Law Society Public and Administrative Law committee and co-chair for the 2018 conference of the Australian and New Zealand Society of International Law. Further information is available at http://www.chambers.co.nz/our-barristers/ben-, keith/.
Jonathan Scragg
Jonathan Scragg's expertise is in civil, commercial & public law litigation and dispute resolution. Jonathan is the chair of Duncan Cotterill’s partnership and board. Jonathan has particular experience managing large, complex disputes and is an experienced advocate in the Courts and in mediation. 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. 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 also acts for parties in contract, property and trust disputes. 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). Jonathan is admitted in England and Wales and has worked previously in London as well as having started his career in New Zealand as a High Court judges’ clerk. He is a contributing author to various legal texts published by LexisNexis and Thomson Reuters and speaks regularly at industry events and conferences on insurance and public law issues. Jonathan is a recipient of the Cleary Memorial Prize.
Alan Webb
Alan has over 28 years of experience in litigating company, contract, commercial, negligence, property, resource management and land disputes. He has extensive appellate Court experience. He also has experience in the District Court Civil and Criminal jurisdictions, the Environment Court, Council resource consent hearings, hearings before Parliamentary Select Committees, the Commerce Commission, and in Arbitral proceedings.
Bryce Lyall
Bryce Lyall is a Partner at Lyall & Thornton, Barristers and Solicitors, in Tāmaki Makaurau Auckland. He lives in Titirangi with his wife and young whānau. Bryce specialises in litigation, having appeared for parties in the Waitangi Tribunal, the Māori Land Court, the District Court, the High Court, and the Court of Appeal. Bryce’s focus is currently on applicants seeking recognition of rights under the Marine and Coastal Area (Takutai Moana) Act 2011 in the High Court and Court of Appeal, judicial review involving Crown forests, for parties in the Waitangi Tribunal and Māori Land Court, and in alternative dispute resolution processes.