Chapter 1 - The legislative landscape

 

Judicature Amendment Act 1972

As noted above, the Judicature Amendment Act 1972 falls under the umbrella of this review, but the Commission’s remit is limited to providing an appropriate legislative home for the statutory right of judicial review.

As this project is not an opportunity to review the substance of the Judicature Amendment Act 1972, we initially considered whether a draft Judicial Review Bill could simply re-enact the existing provisions under a different name. However, this would be problematic, because the provisions of the Judicature Amendment Act 1972 are around 40 years old and do not conform to the modern legislative drafting style.

We have included a preliminary draft Judicial Review (Statutory Powers) Procedure Bill as appendix 1 to this paper. The draft bill contains redrafted provisions of the Judicature Amendment Act 1972 to update the language and improve the accessibility of the Act.

At first sight, the draft bill seems quite different because the provisions have been reordered and put into modern language, and some provisions have been collapsed into others. However, the draft has been prepared with the intention of not altering the substance of the provisions of the Judicature Amendment Act 1972.

Clause 7(2) of the draft Bill identifies certain provisions in the Employment Relations Act 2000 which confer exclusive jurisdiction on the Employment Court and Court of Appeal and which prevail over the Judicature Amendment Act 1972. Clause 7 of the draft bill differs from section 3A of the Judicature Amendment Act 1972, but merely clarifies the current position.

Q1

Do you agree there should be a stand-alone  Judicial Review (Statutory Powers) Procedure Bill?