Unitec Institute of Technology v Attorney-General - [2006] 1 NZLR 65

Administrative law — Judicial review — Whether ministerial decision to suspend processing of application of polytechnic to become university judicially reviewable — Whether NZQA compliance with ministerial instruction to suspend processing of application judicially reviewable — Education Act 1989, s 162.

Constitutional law — Executive powers — Whether ministerial decision to suspend processing of application to become university a suspension of laws — Whether minister entitled to take into account government moratorium on total number of universities — Magna Carta, cl 29.

Constitutional law — New Zealand Bill of Rights Act 1990 — Whether ministerial decision to suspend processing polytechnic application to become university breach of New Zealand Bill of Rights Act 1990 — Whether NZQA compliance with ministerial instruction to stop processing application breach of New Zealand Bill of Rights Act 1990 — Whether minister or NZQA acting as tribunal or other public authority — New Zealand Bill of Rights Act 1990, s 27.

Education — Universities — Recommendation for new university — Whether minister entitled to take into account government moratorium on total number of universities — Whether minister entitled to suspend processing application to become university — Education Act 1989, s 162.

Judicial review — Jurisdiction — Whether jurisdiction to review ministerial decision to suspend processing application of polytechnic to become university — Whether jurisdiction to review decision of NZQA to stop processing application of polytechnic to become university — Education Act 1989, s 162.

Judicial review — Legitimate expectation — Whether polytechnic had legitimate expectation of being consulted before minister suspended application — Whether minister has power to revoke legitimate expectation.

Judicial review — Ministerial decision — Whether decision to suspend processing of polytechnic application to become university a refusal to exercise a statutory power of decision, unlawful, ultra vires or imposed for improper purpose of implementing government policy — Education Act 1989, s 162.