INDEX

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?

FURTHER INFORMATION

Annex 1: Constitutional Background to Decision-Making

Annex 2: Judicial Review Described

Annex 3: Other forms of Public Supervision