Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


Public law book touches every aspect of people’s lives

Public law book touches every aspect of people’s lives, Canterbury law expert says

May 2, 2014

Constitutional and administrative law or public law touches every aspect of people’s lives.

It establishes New Zealand as a constitutional monarchy operating under democratic government and the rule of law, University of Canterbury law academic Professor Philip Joseph says.

The fourth edition of his book Constitutional and Administrative Law in New Zealand will be released next week. The Attorney-General, Chris Finlayson QC, is launching the new edition in Wellington on May 8 at the law firm, Russell McVeagh.

Professor Joseph says public law, like rust, never sleeps. His latest edition straddles many developments in public law since the third edition was published in 2007.

``It is in moments of adversity that ordinary folk turn to the law. The Canterbury earthquakes exposed dramatically how much we depend on the law for the protection of rights. The Government’s decision to offer to purchase vacant land and uninsured red zone properties at 50 percent of the 2007 rateable values was challenged in the courts and found to be unlawful.

``Governments are subject to the law and remain accountable in the courts. The new edition of my book explains how governments of every hue and public decision-makers of every type are controlled by law and must respect the civil and political rights of people enshrined in our human rights legislation.

``The rule of law requires that all Ministers of the Crown and public decision-makers comply with the substantive and procedural protections that govern their decision-making powers.

``Public decision-making affecting private rights must be carried out strictly in accordance with law, and the government’s decision did not comply with the earthquake recovery purposes and procedures of the Canterbury Earthquake Recovery Act 2011.

``Likewise, the Minister of Education’s decision to close Phillipstown School was successfully challenged in the High Court, as the court ruled that the minister had failed adequately to consult the Phillipstown community and hence had failed to discharge her procedural duty.’’

Professor Joseph was hampered in publishing his latest edition for more than a year because of ongoing earthquake-related disruptions.

``For lengthy periods following February 22, 2011, the Canterbury Law Faculty was housed in temporary accommodation, without access to library materials, while the law building was remediated.

``The disruptions were frustrating and enervating in equal measure, causing the extended gestation of this edition.’’

Professor Joseph has an international reputation in the fields of constitutional and administrative law. He has produced about 150 publications during his academic career.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines



Closing Schools And Such: Interim Redcliffs Decision Announced

“While the school’s board has argued that circumstances that could give rise to potential disruption are extremely unlikely, advice from technical experts has shown these concerns cannot be ruled out." More>>


Jane Kelsey: High Court Can’t Make Groser Provide TPPA Information Faster

‘This week we went back to court to challenge Trade Minister Groser’s stalling tactics over the release of information on the Trans-Pacific Partnership Agreement negotiations, following a High Court order that he reconsider the Official Information Act request I made last January’, said University of Auckland law professor Jane Kelsey, first applicant in the case. More>>

Werewolf 58: No Climate For Change

The last time the global community tried to take collective action on climate change the world’s leaders finally came to agree that every not-too-onerous effort should be made to hold global warming to 2°C above the pre-industrial average. At Paris, all 150 participant countries nations will have put forward their pledges... On the information available, New Zealand's is the second weakest contribution of any nation in the developed world. More>>


Lambton Quay Shutdown: Object Was Made To Look Like Bomb

Police cordoned off part of Lambton Quay Wednesday afternoon, saying that a suspicious package had been found. Buildings were evacuated and buses were detoured. The army’s explosive ordnance disposal unit was brought to the Quay. More>>


Public Sector Still Shrinking: Record Low Number Of 'Backroom Bureaucrats'

Ongoing restraint in the public sector and a focus on better frontline services has seen a further reduction in the number of core Government employees, State Services Minister Paula Bennett says. More>>


Disobeying The Law: Police Censorship Of Crime Research “An Outrage”

The Green Party is calling on Police Minister Michael Woodhouse to ensure Police scrap controversial contracts that place onerous restrictions on academic researchers’ access to Police data, the Green Party says. More>>


Q+A Transcript: Groser ‘Not Expecting’ Failure At UN Climate Talks

‘I will be very surprised if we don’t get an agreement. I think it’s a completely different situation to Copenhagen for a number of reasons. We’ve got a much more realistic negotiating proposal on the table. Secondly, I think the science has strengthened...’ More>>


Greenpeace Protest:

Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news