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3 Cards in this Set
- Front
- Back
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What are Inquiries? |
- Does not make decisions
- Sole focus is finding truth and/or information - Investigative - Have a sense of flexibility in that they have the ability to approach issues without having the restrictions of the courts. |
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Air NZ v Mahon |
- Mt Erebus plane crash case
- 28th November 1979 - Immediate port of call was to establish a statutory inquiry under the authority of the Civil Aviation Act - Inquiry criticised Air NZ Management, but focussed mainly on poor visibility, as well as pilot error. - Peter Mahon carried out inquiry and published report in 1981. - Air NZ destroyed evidence such as pilot's diary and withheld information. - Mahon resigned from HC, which highlighted issue that inquiries are to inquire, not to be a court. - Classic example of unsure balance between red and green light theories - Decisions of inquiries viewed in Air NZ case, as well as Peter v Davison that it reflects badly on the individual and seemingly becomes personal, when it is not. |
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Harlow and Rowling |
Harlow and Rowling have argued that there is the possibility that the New Zealand system of Administrative Law is predicted to be forever amber- not green light, and not red, somewhere in the middle.
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