UPANE 1: TE WHAKARITERITE MŌ TE WHAKATAU
STEP 1: PREPARING FOR THE DECISION
Question 1: What is the source of power for the decision?
Question 2: What are the limits on your decision-making?
Question 3: Who has legal authority to make the decision?
Question 4: Are there any government policies or guidelines that apply to this decision?
Question 5: Are there human rights implications of the decision?
Question 6: Are there Māori-Crown implications of the decision?
Question 7: Are there any relevant international obligations?
UPANE 2: TE WHAKARITE KEI TE TIKA TE TUKANGA
STEP 2: GETTING THE PROCESS RIGHT
Question 8: Are there statutory processes to follow?
Question 9: What does the duty of fairness require?
Question 10: Who needs to be heard?
Question 11: Will the decision-maker be seen to have an open mind?
Question 12: What has been promised already?
Question 13: Will privacy rights/personal information be managed properly?
Question 14: How quickly should the decision be made?
UPANE 3: TE TUKU WHAKATAU PAI
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?
UPANE 4: TE TUHI ME TE WHAKAPUTA I TE WHAKATAU
STEP 4: RECORDING AND COMMUNICATING THE DECISION
Question 22: What record is appropriate?
Question 23: What communication is appropriate?
Annex 1: Constitutional Background to Decision-Making
Annex 2: Judicial Review Described
Annex 3: Other forms of Public Supervision