Improving Administrative Decision-Making: the Scrutiny and Application of Policy Guidelines in New Zealand

Abstract

In modern times, policy guidelines have come to perform an imperative function in the operation of administrative agencies and public authorities generally. Concern has been raised, however, regarding the improper use of policy guidelines as a means of enacting legislative rules but circumventing current methods of scrutiny established for delegated legislation. This paper argues that good administrative decision-making can be promoted by maintaining the distinction between policy and law. To do this, an overhaul of the current system of delegated legislative scrutiny is required and emphasis needs to be placed on principles of correct policy guideline application.