Plain language law

New Zealand law explained for everyone

Official Information Act 1982

Review of decisions - Decisions under Part 2 and section 10

32B: Right of review

You could also call this:

"Checking if a decision is fair or correct"

If you make a request under section 12 and a recommendation is made under section 30(1), then an Order in Council can be made under section 32. You can apply to the High Court to review the Order in Council. You can do this if you think the Order in Council was wrong in law or beyond the powers given by sections 32 and 32A. The High Court can then decide if the Order in Council was valid or not.

If you apply to the High Court, it will make a decision on your application. The High Court can say the Order in Council was valid, or it can say it was wrong in law. It can also decide that the Order in Council was beyond the powers given by sections 32 and 32A.

When you apply to the High Court, you might have to pay costs. But if the High Court thinks you brought the application for a good reason, it will order the Crown to pay your costs. The Crown will pay your costs out of money given by Parliament for this purpose.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM65670.

Topics:
Rights and equality > PrivacyGovernment and voting > Government departments
Previous

32A: Requirements in relation to Order in Council, or

"Rules for creating an Order in Council, including what it must say and how it's made"

Next

32C: Appeals, or

"Challenging a decision: how to appeal to a higher court"

Part 5Review of decisions
Decisions under Part 2 and section 10

32BRight of review

  1. Where—

  2. a recommendation is made under section 30(1) in respect of a request made under section 12; and
    1. an Order in Council is made under section 32 in respect of that recommendation,—
        1. the person who made that request may apply to the High Court for a review of the making of that Order in Council.

      1. An application under subsection (1) may be made on the ground that the Order in Council was beyond the powers conferred by sections 32 and 32A or was otherwise wrong in law.

      2. On an application under subsection (1), the High Court may—

      3. make an order confirming that the Order in Council was validly made; or
        1. make an order declaring that the making of the Order in Council was beyond the powers conferred by sections 32 and 32A or was otherwise wrong in law.

          1. Unless the High Court is satisfied that an application brought under subsection (1) has not been reasonably or properly brought, it shall, in determining the application and irrespective of the result of the application, order that the costs of the applicant on a solicitor and client basis shall be paid by the Crown, and such costs shall be paid out of money appropriated by Parliament for the purpose.

          Notes
          • Section 32B: inserted, on , by section 18 of the Official Information Amendment Act 1987 (1987 No 8).