Civil Litigation & Disputes: Judicial Review in New Zealand
The Civil Litigation & Disputes practice area focuses on resolving disagreements between people or organisations through the courts. One important part of this area is called Judicial Review.
What is Judicial Review?
Judicial Review is a legal process where a court examines the decisions made by government bodies or public authorities. This means that if you believe a government decision is unfair or not lawful, you can ask a court to look at it.
Why is it Important?
Judicial Review helps ensure that the government acts fairly and follows the law. It protects your rights and ensures that public authorities do not overstep their powers. For example, if a local council decides to deny you a building permit without a good reason, you can challenge that decision through Judicial Review.
Examples of Judicial Review Cases
- Planning Decisions: If a council refuses to grant consent for a new development, residents can seek Judicial Review to challenge the decision.
- Public Benefits: If a government agency denies you a benefit or service, you can review their decision to ensure it was made fairly.
- Environmental Issues: If a decision is made that affects the environment, such as allowing a factory to be built near a protected area, concerned citizens can seek Judicial Review.
How Does it Work?
To start a Judicial Review, you usually need to file an application in the High Court. The court will then decide if it can review the decision. If it agrees, it will look at whether the decision was made correctly and fairly.
Who Can Help?
Lawyers who specialise in Civil Litigation & Disputes can guide you through the Judicial Review process. They can help you understand your rights and represent you in court if needed.
Conclusion
Judicial Review is a vital part of New Zealand's legal system. It ensures that government decisions are made lawfully and fairly, protecting the rights of individuals and communities. If you feel a government decision is unjust, seeking legal advice can help you understand your options.