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The Ireland Principle on Unauthorised but not Improper Purposes: An Exploration and Defence

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One of the leading New Zealand authorities on the illegality ground of judicial review is Attorney-General v Ireland. The Court of Appeal in that case recognised a category of unauthorised but not improper purposes that do not invalidate a decision. This article addresses two questions arising from Ireland. First, it seeks to clarify the extent of toleration of unauthorised purposes following Ireland. Secondly, it defends the decision against the charge that it is fundamentally contrary to the rule of law.
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Document Type: Research Article

Publication date: 01 May 2016

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  • The New Zealand Law Review, published quarterly by the Legal Research Foundation Inc. since 1966, is the premier law journal published in New Zealand. It includes refereed articles by leading New Zealand and international scholars, together with annual and biennial reviews of the major areas of the law, written by specialist contributing editors.
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