LAWS 206 - Inquiries

Front

What are the two main functions of Inquiries?

Back

The main duty of Inquiries is to either investigate issues in order to provide information to legislators so that they can make informed legislation, or investigate incidents like COVID, or the canterbury earthquake etc.

Front

Give an example of how the two main functions of inquries can be fused.

Back

In scotland there was an inquiry/investigation into an incident concering a mosque shooting, which led to the inquirers providing information that they gathered from this investigation, to the legislators in Scotland, who subsequently passed laws that put heavy regulation on firearms!

Front

What are some of the differences between the courts in NZ and the administrative justice mechinism of inquiries?

Back

Unlike the courts in NZ, Inquiries do not implement punitive measures to punish the wrongdoer, they are a purley inquisitorial system of administrative justice, meaning that they are most concered with investigating the truth behind inidents.

Front

What is one advantage that inquiries have over the courts in this regard?

Back

Because Inquries are an inquisitorial system, they do not need to use recourses (time and money) in order to investigate issues (incidents) via formal procedures.

Front

What is the second advantage that inquiries have over the courts in this regard?

Back

The inquisitorial nature of inquiries leads to a more flexible and in depth inspection of the incidents/issues, without the added stress of making a good decicon for the benefit of society.

Front

What is the third advantage that inquiries have over the courts in this regard?

Back

Because Inquiries are inquisitorial, they can investigate technically complex issues that may be controversial, without the added burden of having to go through formal procedures in order to deliver a sound judgement.

Front

Are inquiries subject to judicial review?

Back

Yes, if an inquirer steps out of their jurisdiction/ authority (as proposed by Dicey, that if the executive steps outside of their sand-box, then they should be judically reviewed), then the courts will judically review them.

Front

Which inquries are subject to judicial review?

Back

Inquries made by NZ commisions.

Front

Which inquries are not subject to judicial review?

Back

Inquiries made by select commitees or ministers.

Front

Explain how courts can judicially review inquiries.

Back

If an inquirer (such as a select comitee) is following their own created procedures (as they are permited to do so), then the courts may intervene, if those procedures step outside of the jurisdiction given to inquries.