Administrative law conference considers public law arena
A major conference to be held in Wellington next month will take stock of the many developments in public law over the past two years.
“Administrative Law – the public law scene in 2011” is being organised by NZLS CLE Ltd, the New Zealand Law Society’s continuing education provider. It will be held at Wellington on 25 February in the Legislative Council Chamber.
The conference will be chaired by the Deputy Solicitor-General (Public Law), Karen Clark QC.
Ms Clark says the objective is to provide participants with an opportunity to reflect on contemporary developments in the public law arena, particularly where public law and commerce intersect, and anticipate their legacy in 2011 and beyond.
She says the past 24 months have seen significant, frequently contentious, developments in public law across the arms of government. This has come in landmark judicial decisions, government policy initiatives and legislative reform. Frequently, these developments have sparked commentary, public discussion and debate.
The opening address will be delivered by the Attorney-General, the Hon Chris Finlayson. This will be followed by seven sessions, each presented by an expert speaker.
Justice Pamela Tate of the Court of Appeal of the Supreme Court of Victoria, Australia, will present a session on developments in the constitutional protection of property rights. This considers recent Australian High Court cases which develop the Australian Constitution requirement that the Commonwealth of Australia cannot acquire property except on just terms.
Senior Chapman Tripp litigation partner Jack Hodder SC will present a session on public law and property rights. This will be followed by a session entitled “Private property, public interests and the rise (and rise) of tribal government, presented by Justice Joe Williams of the High Court. Justice Williams will discuss the way in which “property” is transormed into “interests” in modern legislative processes and how one growing category of interest holder – the tribe – is rapidly transforming from private association to public entity exercising legislative, quasi legislative or broadly “public” powers.
A panel discussion with the presenters of the first three sessions will follow, to discuss issues and respond to questions.
Victoria University of Wellington law school Dean Professor Tony Smith will present the next session, which looks at Supreme Court trends. This will be followed by Francis Cooke QC and Professor Philip Joseph presenting a session which focuses on the question “Where are recent decisions taking Administrative Law conceptually?”. Professor Joseph will survey recent judicial review cases and Mr Cooke will look ahead to the future potential for public law and judicial review in the context of New Zealand’s adaptable constitutional framework.
The final session will be presented by Wellington barrister David Goddard QC. This will examine the many ways in which public law is relevant to regulatory activity, from the perspective of regulators and of those seeking to influence or challenge a regulator’s processes and decisions.
Registrations for the conference are now open, with further information available on the CLE website. The registration cost for New Zealand Law Society members (including Associate members) is $490 if registered by 2 February or $540 if registered after 2 February. The fee for non-members is $550 (by 2 February) or $600 (after 2 February).