Rethinking Public Law in a Time of Democratic Decline

The thirteen separate segments of this article are designed to explore the consequences for New Zealand public law of the global decline of democracy in many parts of the world, although not in New Zealand. The trend towards autocracy is evident in many countries and has been increasing. There was a time when democracy was thought to be inevitable, but that time has passed. Since New Zealand is a small and open society, democratic rot and decline could set in, as it has in other democracies. In order to combat these tendencies, it is necessary to think about the implications of these developments for teaching public law and for the need to bolster education in citizenship, so people can better understand the advantages of democracy, participate in it and feel a commitment to it. Many New Zealanders not born here may not understand the culture, may not have English as their first language and may be discouraged from engagement. New Zealand is increasingly diverse.The article explores the recent history of the United States and to a lesser extent, the United Kingdom, to discern the tendencies at work in those democracies. Returning to the fundamental elements of public law, it is suggested that the analysis begins with the nature and character of the state, followed by international law. Then it is argued it is necessary in the New Zealand context to examine the situation of Māori, Te Tiriti o Waitangi, the activities of the settler governments and the remaining consequences of colonisation. There appears at this time to be an opportunity to more significantly recognise indigenous Māori culture. From there, an examination of some important principles of political philosophy is provided. This leads to a summary of the main types of government that are available for any state. Then are set out the main political ideologies that often impel political actors. The changes in democratic practice that have resulted from the digital revolution are then examined with the effects upon political parties and how they have changed New Zealand. The manner in which public opinion can be manipulated and the need to become literate in politics and political practice is emphasised. The article concludes with a discussion of public law as an autonomous discipline and a final conclusion about what all this means for New Zealand. In the mind of the author, after a long career in public law and politics, these separate elements combine into a message about the need for democratic refurbishment and future vigilance in New Zealand

Deficiencies in New Zealand Delegated Legislation

In this article, the author, a former Minister of Justice and Prime Minister, examines the history and role of statutory regulations.  Processes for reviewing regulations, especially through the Parliamentary Regulations Review Select Committee, have been significant in offering protection against undesirable regulation-making.  The courts have played a lesser role in this regard and the author calls for them to be "a little more robust in their approach to delegated legislation".  The development of a third tier of law-making, by the use of so-called "rules", is worrying, as these rules receive the same scrutiny as regulations neither before nor after their making.  The author recommends that either we abandon making such rules or we introduce processes which are more formal and transparent.  At present, "the coherence of our legal system is threatened"

Tribute to a Law Teacher with a Heart and a Social Conscience

The author, having served as Professor at the Victoria University of Wellington Faculty of Law alongside him, provides a tribute to his colleague Professor Bill Atkin. The author commends Professor Atkin's role as an influential scholar and teacher in the somewhat incoherent area of family law, stating that Professor Atkin is an outstanding academic lawyer who has made a significant contribution to the improvement of the law in New Zealand

An International Regime for Environmental Protection

There are two parts to the address which I want to give to you. The first relates to the general character of international law as it now comes to us and the second relates to the threats to the environment-the two problems are dynamically interrelate

A Retrospective on the Woodhouse Report: The Vision, the Performance and the Future

The following is a revised version of the second Woodhouse Memorial Lecture given at both the Victoria University of Wellington and the University of Auckland in September 2018. It traces the history and policy iterations of New Zealand's accident compensation scheme that flowed from the 1967 Woodhouse Report (the Report), a Royal Commission report chaired by Sir Owen Woodhouse.  It discusses the features of the Report and the determination it showed to get rid of the common law action for damages for personal injury. It analyses the degree to which the Report was not followed in the journey it took through the political decision-making system. There is a critical analysis of the delivery of benefits, the administration of the scheme and its financing. The performance in accident prevention and rehabilitation is briefly covered. The method of settling disputes in the scheme has seen an unwelcome return to legalism. The lecture concludes with a strong plea to remove the anomalies created by the accident compensation scheme between the vicitims of accident who receive earnings related-benefit and those who are dealt with under the Social Security Act 2018 under which they receive flat rate benefits. The lecture concludes with some lessons for policymakers

Human Rights and the New Zealand Government's Treaty Obligations

The International Law Association established a New Zealand branch in Wellington in 1996. This article is an edited version of the speech made by Sir Geoffrey Palmer, on the occasion of the inaugural meeting of the Association in Auckland on 30 April 1998. The author discusses the place of international law in contemporary New Zealand society, especially following the Second World War. He then goes onto discuss international law and municipal law, arguing that there is a substantial degree of overlap between the two. Parliamentary involvement with treaties is also discussed, noting that recent Parliamentary scrutiny of treaties bolsters the argument in favour of courts giving enhanced weight to treaties to which New Zealand has acceded or ratified, even where there is no complementary local legislation. The article then goes onto discuss international law providing a framework for the delivery of human rights to individuals at a domestic level, including in New Zealand. The author expresses regret at New Zealand's general failure to comply with international treaties, arguing that international environmental law and trade law were likely to present similar problems.&nbsp

Can Judges Make a Difference? The Scope for Judicial Decisions on Climate Change in New Zealand Domestic Law

Political decision-making is at the heart of decisions on both mitigation and adaptation for climate change. While the norms are established internationally, they must be translated into domestic law in order to have bite. The making and enforcement of domestic law in many areas of environmental protection are frequently less than optimal. Legislation takes time to design and to enact. The details matter a great deal. Laggard governments around the world have been subjected to judicial review on their climate change policies. Furthermore, all statutes are subject to interpretation by courts. Administrators can and do make mistakes that are corrected by authoritative judicial interpretation. With particular emphasis on New Zealand law, this article will examine the degree to which judicial decisions can correct and encourage government policies on climate change and give them a "nudge" towards making them effective. The potential role of the Waitangi Tribunal will also be mentioned and the Parliamentary Commissioner for the Environment. The issue of whether constitutional protection for the environment, with application to climate change, could be useful will be canvassed

The Judiciary as an Institution

his issue of the Victoria University of Wellington Law Review contains a symposium of student work on the judiciary. This introductory article sets out the circumstances surrounding the preparation of the articles and the course of instruction that preceded them. It also sets out the constitutional background relating to the New Zealand judiciary and introduces the articles themselves.  It refers to some changes contained in the Judicature Modernisation Bill that was nearing the end of its parliamentary passage when editing of the symposium was completed.&nbsp