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TE POUĀRAHI | THE JUDGE OVER YOUR SHOULDER

He aratohu mō te tuku whakatau pai me te ture i Aotearoa | A guide to good decision-making and the law in New Zealand

  • INDEX
  • FOREWORD
    • ABOUT
    • HOW TO
  • PREPARE
    • Q1: SOURCE
    • Q2: LIMITS
    • Q3: AUTHORITY
    • Q4: POLICY
    • Q5: HUMAN RIGHTS
    • Q6: MĀORI-CROWN
    • Q7: INTERNATIONAL
  • PROCESS
    • Q8: STATUTORY PROCESS
    • Q9: FAIRNESS
    • Q10: CONSULTATION
    • Q11: BIAS
    • Q12: EXPECTATIONS
    • Q13: PRIVACY
    • Q14: TIMELINESS
  • DECIDE
    • Q15: RELEVANCE
    • Q16: WEIGHT
    • Q17: FACTORS FOR CHALLENGE
    • Q18: PURPOSE
    • Q19: LEGAL FRAMEWORK
    • Q20: PROPORTIONALITY
    • Q21: EVIDENCE
  • RECORD
    • Q22: RECORD
    • Q23: COMMUNICATE
  • Annexes
    • ANNEX 1
    • ANNEX 2
    • ANNEX 3

DECIDE

STEP 3: MAKING A GOOD DECISION

Question 15: What is relevant or irrelevant to the decision?

Question 16: What weight applies to different factors?

Question 17: What factors in your decision might attract judicial criticism?

Question 18: Are you acting for a proper purpose?

Question 19: Do you understand the legal position?

Question 20: Is your proposed action proportionate?

Question 21: Is your decision consistent with the evidence?

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Disclaimer

Note: This guidance is provided to public sector decision-makers to assist them to make better decisions. It is intended to describe the current position of the law but is not legal advice and cannot replace legal advice informed by specific circumstances. It is not binding on public sector decision-makers, and is not intended to be enforceable against decision-makers in any way.

Copyright © 2019

Contact Details

JOYS@crownlaw.govt.nz | Phone: 04 472 1719

Crown Law

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