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2008 N.Z. L. Rev. 423 (2008)
Proportionality, Deference, Wednesbury

handle is hein.journals/newzlndlr2008 and id is 435 raw text is: Proportionality, Deference, Wednesbury
This is an opinionated attempt to chart the future direction of
unreasonableness review of discretionary power in New Zealand
administrative law over the short-to-medium term. First, I survey
the proportionality versus Wednesbury (un)reasonableness debate in
the United Kingdom and New Zealand. Then I argue that proportion-
ality should replace variable Wednesbury (un)reasonableness
review where human and other 'fundamental rights are directly
engaged, and that in other cases involving public wrongs (where
rights are not directly engaged) Wednesbury unreasonableness
in the traditional sense should be retained and applied. Drawing a
line between rights and public wrongs  - however difficult in
borderline cases - should encourage lawyers, judges, and jurists
to think carefully about where the case should be situated on the
rainbow of review and why. While it is highly unlikely that this
article will stem the torrent of discussion on this topic, it will be
my last word on the subject.
*Alexander Turner Professor of Law, Faculty of Law, The University of Auckland. Earlier
versions of this article were presented as papers at the Crown Law Office (Wellington), the
School of Law in the University of Canterbury, and at a one-day conference on judicial
review organized by the New Zealand Law Society. Thanks to those audiences and to my
administrative law students for testing the ideas. I have had an extraordinary amount of
feedback on this article, much of it critical, from administrative lawyers who put aside their
own work to assist in improving mine: Helen Aikman, Mark Aronson, George Barton, David
Dyzenhaus, Mark Elliott, David Goddard, Gordon Anthony, Matthew Groves, Bruce Harris,
Murray Hunt, Aileen Kavanagh, Dean Knight, Peter Leyland, Janet McLean, David Mullan,
Tom Poole, Paul Rishworth, and Hanna Wilberg. Circumstances have conspired to prevent
me taking all their points on board in revising this article for publication.

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