Judicial Review: Recent Cases, Evidence, Information Requests and Concerns for Maori Applicants

Join a distinguished panel of public law experts as together you discuss current and pressing topics in judicial review. Gain a comprehensive examination of recent cases, explore the intersection of judicial review with the Treaty of Waitangi, and delve into the nuances of evidentiary challenges and information request. Stay informed and acquire valuable insights into fundamental principles that can be seamlessly integrated into your legal practice.

Thursday, 30 May 2024
3.30pm to 3.45pm Break
3.45pm to 4.15pm Official Information Act and Local Government Official Information and Meetings Act: Judicial Review

 

  • Optimising use of official information requests in judicial review cases
  • Advising agencies on information requests
  • The official information request and discovery interface
  • Privacy Act request

Presented by Megan Crocket, Special Counsel, Tompkins Wake

TIKANGA, TE TIRITI O WAITANGI DEVELOPMENTS
4.15pm to 5.15pm Judicial Review: Tikanga, Te Tiriti o Waitangi, and Access to Justice for Māori Applicants

 

  • The Role and standing of Tikanga and Te Tiriti o Waitangi in judicial review 
  • Recent developments in this area 
  • Access to justice in judicial review, with a focus on Māori applicants 

Presented by Tania Waikato, Partner, Kāhui Legal

Learning Objectives:
  • Examine recent judicial review cases and discuss the trends and practical implications
  • Navigate better evidence issues in Judicial Review, including the scope for expert evidence
  • Understand the use of the OIA/LGOIMA for Judicial Review
  • Receive practical guidance on recent judicial review and Tikanga, Te Tiriti o Waitangi developments and access to justice for Māori Applicants
Description

Attend and earn 3.5 CPD hours

Chair

Simon Mount KC, Bankside Chambers

JUDICIAL REVIEW CASE UPDATE INTENSIVE
1.30pm to 2.30pm Recent Judicial Review Cases and Trends

 

  • Examine recent judicial review case law  
  • Key developments and emerging trends 
  • Practical implications for your clients and organisations

Presented by Matthew Smith, Barrister, Thorndon Chambers

EVIDENTIARY CHALLENGES AND PROCEEDINGS
2.30pm to 3.30pm Evidence Issues in Judicial Review Proceedings

 

  • Admissibility of evidence and the relevance requirement
  • How evidence may be given in judicial review proceedings
  • Resolving factual disputes and the need for leave to cross-examine witnesses
  • The evidence of expert witnesses
  • Discovery of documents and interrogatories
  • Exclusion of evidence: privileges, immunities and confidentiality

Presented by Grant Illingworth KC, Barrister

Presenters


Megan Crocket, Special Counsel, Tompkins Wake
Megan specializes in the local government sector, with expertise in local government law and public law. She provides advice on core local government issues, including governance and decision-making, and judicial review risk. Megan represents local government clients in a range of Courts and Tribunals, demonstrating experience across a wide spectrum of local government topics. In addition to her local government clients, she has successfully represented statutory bodies, NGOs, and companies.


Simon Mount KC, Bankside Chambers
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.


Matthew Smith, Barrister, Thorndon Chambers
Matthew Smith is a barrister at Thorndon Chambers in Wellington. He has a broad public and commercial law practice, encompassing regulatory, Māori, human rights and environmental law, and with a special expertise in judicial review and the use of public law tools to achieve meaningful outcomes for clients. Matthew works across the entire range of public law and has acted for public sector bodies (including Crown entities and commissions of inquiry), individuals, entities of many kinds (including companies, incorporated societies, trusts and Māori incorporations), industry groups and NGOs. He has appeared in all of the higher Courts, and in a number of specialist courts and tribunals - including the Waitangi Tribunal and the Māori Land Court. Matthew's non-litigation work tends to involve the provision of legal and strategic advice and support in a range of settings, including public inquiries, regulatory investigations, consultation processes and Parliamentary/law reform processes. Matthew is the sole author of the New Zealand Judicial Review Handbook - a comprehensive text on judicial review in New Zealand that is now in its second edition.


Grant Illingworth KC, Barrister
Grant Illingworth is a King’s Counsel based in Auckland, New Zealand. He is a litigation specialist, having conducted his own practice as an advocate since 1975. His particular areas of specialist expertise are:; Public law, including constitutional law, administrative law, extradition law, judicial review and rights of appeal; Tribunal proceedings, including disciplinary proceedings for the medical, legal and accountancy professions; Civil litigation, including negligence claims, contract disputes and commercial litigation; The law relating to trusts, equitable interests and relationship property; Dispute resolution, including arbitration and mediation


Tania Waikato, Partner, Kāhui Legal
Tania specialises in Civil Litigation, MACA, Employment Law, Health & Safety, and Resource Management issues relating to iwi and hapū including Te Tiriti ō Waitangi and tikanga issues. She also has a commercial law background with a focus on Māori business and governance entities. Tania is an experienced litigator and has appeared in the Court of Appeal, High Court, Waitangi Tribunal, Employment Court, Environment Court, and District Court. Tania is dual-qualified in NZ and Australia and has worked for large firms in both countries. She joined Kāhui Legal in January 2024. Tania is a published academic author in NZ and Japan on indigenous issues and will complete her LLM at the University of Auckland in June 2024. Tania holds a conjoint Bachelor of Laws (Hons) and Bachelor of Arts (Māori) degree. Tania has worked for the University of Auckland and University of Waikato tutoring law students and teaching the Legal Diploma course.

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Judicial Review: Recent Cases, Evidence, Information Requests and Concerns for Maori Applicants

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Afternoon Session
Thursday, 30 May 2024
1.30pm to 5.15pm Pacific/Auckland
CPD Hours 3.5
3.5
$410.00
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