Administrative law in action : a case study of road haulage licensing in New Zealand

Abstract

As the title suggests, this thesis examines an aspect of administrative law in action - the content of the decisions of an administrative tribunal required to regulate a sector of the economy (as opposed to the way in which the Courts perceive such tribunals when reviewing their actions). A case study is undertaken of a sample period of decisions of the centralised appellate tribunal within the road haulage licensing system - the Transport Licensing Appeal Authority. Although recently relaxed, the road haulage industry in New Zealand has for many years been regulated by a licensing system, fundamentally moulding the structure and shape of road haulage transport. The intention of the case study is to provide an example of how such tribunals actually work. The theoretical background against which road haulage licensing is examined is that of the control of administrative discretion. Administrative discretion is examined from two primary focal points: administrative adjudication and allocation of decision-making functions. Administrative adjudication focuses upon qualities and techniques of, and limits to administrative adjudication. Allocation of decision-making functions focuses upon the proper allocation of decision-making functions, the limits of adjudication and guidance for decision-makers. The thesis proceeds in six stages. First, an examination of theories of control of administrative discretion within a licensing system. Secondly, the background to, and policies of road haulage licensing are examined. Thirdly, analysis is undertaken of the institutions and procedures of road haulage licensing; and fourthly; review of the legislation governing the substance of road haulage licensing. The fifth step comprises an analysis and evaluation of a twelve year sample of decisions of the Appeal Authority. Last, theoretical aspects and the empirical research are drawn together in analysis of administrative adjudication and allocation of decision-making functions. The research indicates that administrative adjudication by a tribunal can be used to implement policy objectives in regulating a sector of the economy; while achieving participation by affected parties, gradual implementation and development of guidance for the real issues encountered, and consistency and predictability of decision-making, combined with flexibility for changing circumstances and special cases. Equally, certain difficulties caused by lack of meaningful guidance are observed, together with limits of adjudication and some mis-allocation of decision-making function. Therefore, the thesis is advanced that there is a need to match guidance for decision-making to the resources, responsibilities, procedures and powers of each decision-maker within a licensing system. The intention of this thesis is to add in some degree to an understanding of the dynamics of administrative adjudication, and how tribunals within a licensing system can be used and made to work well.