Administrative law, consultation and judicial review


Whether you are in the government sector or are dealing with the government, you are vitally interested in the decisions the government makes.  We have extensive experience working in and for the government and also for the private sector. We can advise on all legal aspects of decision-making and help our clients get the best outcome.

Decision-makers are required to make their decisions fairly.  They are also required to make decisions reasonably, and in accordance with the law.  Our experience in assisting both decision-makers and those challenging decisions, enables us to advise you on how those requirements apply.

Some statutes establish particular procedures that must be followed to reach a decision, such as consultation.  We have advised on numerous consultation processes, and can assist you with consultations which involve complex issues.  Whether you are the party seeking comments from stakeholders or the party being consulted, we will help you get the best out of the consultation process.

We are experts in designing robust decision-making and consultation processes.  We can assist with the process and legal criteria for decision-making, designing a consultation process, reviewing consultation papers, and analysing submissions.

We can advise clients who may be affected by decisions regarding the process the decision-maker should follow, the legal criteria for the decision, and how to best represent your interests to the decision-maker.

Once a decision is made, we can advise on judicial review issues, whether you are the decision maker or the affected party.

Work highlights

Advising the Electricity Authority

on its decision-making in relation to an alleged undesirable trading situation arising when prices in the wholesale electricity market reached $20,000/MWh on 26 March 2011

Advising the Electricity Commission (now the Electricity Authority)

on its decision-making process and consultation obligations in respect of grid investment proposals submitted to the Commission by Transpower, and successfully representing the Commission in two separate judicial review proceedings that challenged the Commission’s decisions

Assisting the Unlisted share trading facility

in successfully resisting a proposal by the Minister of Commerce to require it to be registered as an exchange under the Securities Markets Act 1988

Advising Wellington International Airport

on the consultation processes under the Airport Authorities Act for the setting of charges in 2007 and on the decision to set charges

Acting for all District Health Boards

in judicial review proceedings brought by the rest home sector challenging DHB decision-making processes

Advising Marlborough Airport

on its 2009/2010 pricing consultation with major airlines

Our team

Alastair Hercus

Partner, Wellington

Alastair specialises in public and commercial law. He advises clients on legislative design, decision making by statutory bodies…

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Hamish Kynaston

Partner, Wellington

Hamish specialises in employment relations, litigation, health law, health and safety, and education…

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Natasha Wilson

Partner, Wellington

Natasha is a member of our public law team in Wellington, and has extensive experience in the health, education, and science and…

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Olly Peers

Partner, Christchurch

Olly specialises in litigation and dispute resolution. Olly's experience and areas of interest include company law, contract law…

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Peter Chemis

Partner, Wellington

Peter specialises in employment law, industrial relations and related areas, and leads Buddle Findlay’s national employment team…

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Susie Kilty

Partner, Wellington

Susie specialises in competition, fair trading, overseas investment consents and economic regulation, particularly of infrastructure in…

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