Cross Examination in Judicial Review

Abstract

Cross-examination is not allowed as of right in the judicial review proceedings. This is due to the existence of the rule of practice that imposes such restriction. The reason of the rule is to achieve the aim that judicial review consists of simple procedures and judicial review cases have to be disposed of promptly. The objective of this paper is to investigate whether the rule is practice is still relevant in the modern judicial review. To achieve this, thorough analysis will be made in respect of the legal foundation of the rule. Besides that, this paper will also determine what is the real intention of the rule of practice. Attention will also be drawn to the current development in the judicial review in New Zealand and this paper will critically analyse whether this scenario would contribute to any changes in the modern judicial review. This paper will also research on how the rule of practice is perceived in the procedural fairness perspective. Eventually, in order for justice to be done, this paper will propose for the cross-examination to be allowed as of right in judicial review for the benefit of all parties.