Public Law Toolbox

Book excerpt: All New Zealanders have to interact with government, whether due to business regulation, getting government assistance, or administrative decision-making concerning licenses, or allocation of government funding. But not all citizens and businesses know how to successfully work with government, or how to challenge a government decision on a matter of administration, or policy, or Parliamentary decisions on law-making which detrimentally affects them. This second edition levels the playing field for those dealing with government. It is an outsider's guide to the insider's view of government. There is an entire "Toolbox" of public law mechanisms that sit alongside traditional commercial law remedies, which can help citizens and businesses successfully resolve government, regulatory or policy and law reform issues. Ministers, officials and regulators have unique obligations to be transparent and to act within the lawful limits of exercising public power. There is also a range of options apart from the courts to challenge government decision-making. The Public Law Toolbox will assist those wanting to influence policy and law reform issues for business, not for profit or democratic reasons by describing the tools available and how to use them for greatest effectiveness. It will also assist those wanting to resolve disputes concerning administrative and government decision-making, and advise businesses on how to use the toolbox to resolve disputes with competitors. The book will assist governments and officials to understand their unique legal, transparency and accountability obligations and the risks that they face, taking political and public opinion factors into account.