Judicial Review Application for Environmental Law Case Study
VerifiedAdded on 2022/12/18
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Report
AI Summary
This assignment presents a legal opinion concerning the National Butterfly Association's (NBA) case and the application of judicial review in environmental law. The NBA, a charitable organization dedicated to butterfly research and conservation, was denied a license to conduct research and small group tours on the Great Barrier Island. The report analyzes the grounds for judicial review, focusing on bias within the tribunal, improper purposes behind the decision, and the tribunal's failure to consider relevant factors. The analysis highlights instances of bias, such as the involvement of tribunal members with conflicting interests and the withholding of evidence. The report advises the NBA on the legal basis for challenging the tribunal's decision, citing potential violations of natural justice and the importance of addressing the tribunal's actions in the High Court. The document examines the drawbacks of judicial review and provides a detailed analysis of the case study based on the provided facts, legal principles, and relevant legislation, including the fictional Wildlife Protection Act 2019.
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