Faculty of Law Te Kauhanganui Tātai Ture

Apply now

Publications Dean Knight

Authored books

  • Vigilance and Restraint in the Common Law of Judicial Review (Cambridge University Press, 2018) [Cambridge UP].
  • Local Government Law in Practice (LexisNexis, Wellington 2011), with Christopher Mitchell [LexisNexis].

                  Edited books

                  • Regulations Review Committee Digest (6th ed, NZ Centre for Public Law, Wellington, 2016) pp 171—with Edward Clark.
                  • We, the People(s): Participation in Governance (Victoria University Press, Wellington, 2011), with Claire Charters [VUP].
                  • Seeing the World Whole: Essays in Honour of Sir Kenneth Keith (Victoria University Press, Wellington, 2008), with Claudia Geiringer [VUP].

                  Looseleaf treatises and commentaries

                  • LexisNexis Local Government (LexisNexis, Wgtn, 2003-; updated 3 times annually), with Christopher Mitchell [LexisNexis].
                  • Local Government (Reissue 1) in McGrath (ed) The Laws of New Zealand (LexisNexis, Wellington, 2008), with Christopher Mitchell [LexisNexis].

                  Articles

                  • "Extradition, human rights protections, diplomatic assurances and China's criminal justice system" [2020] Public Law 190.
                  • "Locating Dunsmuir's Meta-structure Within Anglo-Commonwealth Traditions" [2018] Canadian Journal of Administrative Law & Practice 197.
                  • "Modulating the Depth of Scrutiny in Judicial Review: Scope, Grounds, Intensity, Context" [2016] NZ Law Rev 63.
                  • "Rhetoric or Reality? Recasting Local Government's Purpose and Role" (2015) 26(4) NZ Universities Law Review 895-905 [ SSRN ].
                  • "Privately Public" (2013) 24 Public Law Review 108 [ SSRN ].
                  • "EmpowerNZ: Drafting a Constitution for the 21st Century" (2012) 10(2) NZ Journal of Public and International Law 287-300, with Julia Whaipooti [ SSRN ].
                  • "Mapping the Rainbow of Review: Recognising Variable Intensity" (2010) NZ Law Rev 393-431 [ SSRN | InformIt ].
                  • "A Murky Methodology: Standards of Review in Administrative Law" (2008) 6 New Zealand Journal of Public and International Law 117-156; also published in Claudia Geiringer and Dean R Knight (eds) Seeing the World Whole: Essays in Honour of Sir Kenneth Keith (Victoria University Press, Wellington, 2008) 180-217 [ SSRN | InformIt | Westlaw | VUP ].
                  • "Simple, Fair, Discretionary Administrative Law" (2008) 39 Victoria University of Wellington Law Review 99 [ SSRN | InformIt ].
                  • "Local Authority Decision-Making, Community Views, and Stadium Aotearoa" [2007] New Zealand Law Journal 354.
                  • "Ameliorating the Collateral Damage Caused by Collateral Attack in Administrative Law" (2006) 4 New Zealand Journal of Public and International Law 117 [ SSRN | Hein | InformIt | Westlaw ].
                  • "'I'm Not Gay—Not That There's Anything Wrong With That!': Are Unwanted Imputations of Gayness Defamatory?" (2006) 37 Victoria University of Wellington Law Review 249 [ SSRN | Hein ].
                  • "Dunne v Canwest TVWorks Ltd: Enhancing or Undermining the Democratic and Constitutional Balance?" (2005) 21 New Zealand Universities Law Review 711.
                  • "An Objectionable Offence—A Critique of the Possession Offence in the Films, Videos, and Publications Classification Act 1993" (1997) 27 Victoria University of Wellington Law Review 451 [ Hein ].

                  Chapters

                  • "Around the World" in Richard Albert and Joel Colon-Rios (eds) Quasi-Constitutionality and Constitutional Statutes Forms, Functions, Applications (Routledge, 2019).
                  • (with Bronwyn Haywood, Maria Bargh and Patrick Barrett) "Why Review Civics and Citizenship Education" in Bronwyn Haywood and Patrick Barrett (eds) Our Civic Future: Civics, Citizenship and Political Literacy in Aotearoa New Zealand (NZ Political Studies Association, 2018) pp 3-5
                  • "Lawson v Housing New Zealand: State Housing, Market Rents and Families Facing Eviction" in E McDonald, R Powell, M Stephens and R Hunter Feminist Judgments Project Aotearoa Te Rino: The Two Stranded Rope (Hart Publishing, Oxford, 2017) pp 103-110.
                  • "Administrative Law Through a Regulatory Lens: Situating Judicial Adjudication within a Wider Accountability Framework" in Susy Frankel and Deborah Ryder (eds) Recalibrating Behaviour: Smarter Regulation in a Global World (Wellington, LexisNexis, 2013) 529-558.
                  • "Review and Appeal of Regulatory Decisions: The Tension Between Supervision and Performance" in Susy Frankel (ed) Learning from the Past, Adapting for the Future: Regulatory Reform in New Zealand (Lexis Nexis, Wellington, 2011) pp 215-240, with Rayner Thwaites [ LexisNexis ].
                  • "Local Democracy and Community Views: Obligation and Observance" in Claire Charters and Dean R Knight (eds) We, the People(s): Participation in Governance (Victoria University Press, Wellington 2011) [ SSRN | VUP ].
                  • "We, the People(s): Participation on Governance" in Claire Charters and Dean R Knight (eds) We, the People(s): Participation in Governance Victoria University Press, Wellington 2011), with Claire Charters [ VUP ].
                  • "Patriating our Head of State: A Simpler Path" in Reconstituting the Constitution Caroline Morris, Jonathan Boston and Petra Butler (eds) (Springer, London, 2011) pp 107-122 [ SSRN | Springer ].
                  • "Judicial Supervision of Local Decision-Making" in Jean Drage and others (eds) Along a Fault-Line: New Zealand's Changing Local Government Landscape (Dunmore Publishing, Wellington, 2011) [ Dunmore ].
                  • "The (Continuing) Regulation of Prostitution by Local Authorities" in Gillian Abel and others (eds) Taking the Crime Out of Sex Work (Policy Press, Bristol, 2010) [ Policy Press ].
                  • "Government Negligence" in Chris Curran, Dean Knight and Geoff McLay Liability of Public Authorities (New Zealand Law Society, Wellington 2009) 13-70 (with Geoff McLay) [ NZLS ].
                  • "Nature of Local Government", "Official Information" and Vicarious Liability" in Liability of Local Authorities (New Zealand Law Society, Wellington, 2005) [ NZLS ].

                  Notes and Short Articles

                  • "Prisoners' voting rights, declarations of inconsistency and legal enforceability of manner-and-form entrenchment" [2019] Public Law 797.
                  • "Reasoning Through Challenges to Prorogation: Cherry and Miller (No 2)" UK Const L Blog (16th Sept 2019).
                  • "Treaty of Waitangi settlements and the principle of non-interference with parliamentary proceedings: Ngāti Whātua Ōrākei Trust v Attorney-General" [2019] Public Law 218-220.
                  • "Shaking Our Constitutional Foundations" (2010) 33(4) Public Sector 24 [ InformIt ].
                  • "Brothels, Bylaws, Prostitutes and Proportionality" [2005] New Zealand Law Journal 423.
                  • "Power to make Bylaws" [2005] New Zealand Law Journal 165.
                  • "The Local Government Act—an engine overhaul or just a tune for local government?" (2001) 10 Resource Management Journal 22.

                  Reports

                  • Preparing the Draft Constitution (McGuinness Institute, Wellington, 2013) Empower NZ: Drafting a Constitution for the 21st Century pp 14, with L Nobbs.
                  • Guidance for Members of Local Authorities on the Local Authorities (Members' Interests) Act 1968 (Good Practice Guide, Office of the Auditor-General, Wellington, 2010) pp 63, with Office of Auditor-General [ OAG ].

                  Blog

                  Theses

                  • "Estoppel (principles?) in public law: the substantive protection of legitimate expectations" (LLM Thesis, University of British Columbia, 2004) [ UBC ].
                  • "Vigilance and restraint in the common law of judicial review: scope, grounds, intensity, context" PhD Thesis at London School of Economics 2015 [ LSC ].

                  Edited journals and occasional papers

                  • Ross Carter "Regulations and Other Subordinate Legislative Instruments: Drafting, Publication, Interpretation and Disallowance" (Occasional Paper, NZ Centre for Public Law, 2010) with Anne O'Driscoll (eds).
                  • KJ Keith "Interpreting Treaties, Statutes and Contracts" (Occasional Paper, NZ Centre for Public Law, 2009) 1-56 with Chris Murray (eds).
                  • NZ Journal of Public and International Law "Special Conference Issue: MMP and the Constitution" (2009) 7(1) with Tony Angelo (eds).
                  • NZ Journal of Public and International Law (2008) 6(2) with Claudia Geiringer (eds).
                  • NZ Journal of Public and International Law (2008) 6(1) with Claudia Geiringer (eds).

                  • Victoria University of Wellington Law Review "Special Issue: Sexuality and Citizenship" (2009) 37(4) with Elisabeth McDonald (eds).

                  Published conference papers

                  • "An Anatomy of Local Government" Duncan Laing (ed) Liability of Local Authorities (NZLS CLE, Wellington, 2017) 1-21.
                  • "The Reviewability of Private Decision-Makers and Non-Statutory Powers" Judicial Review in Commercial Cases—The Ongoing Struggle for Simplicity (2011) 1-22.

                  Media Op-Eds and Commentary

                  • "Why Democracy Doesn't Work on its Own" newsroom.co.nz [ newsroom ] (31 July 2017).
                  • "A system based on confidence" newsroom.co.nz [ newsroom ] (21 September 2017).

                  Unpublished conference presentations

                  • "Brexit and Prorogation" at 2020 Government Law Year in Review  (NZCPL, Wellington, 25 February 2020).
                  • "Constitutional norms in local government: Application, crystallisation, execution" at 6th Local Government Elections Research Symposium (Christchurch 27 November 2019).
                  • "Judicial Review" at Government Law—Year in Review Half-Day Seminar (NZCPL, Wellington, 26 February 2019).
                  • "Constitutional practice in local government: growing constitutional culture when acting locally" at plenary session of SOLGM (Society of Local Government Managers) Marlborough Colloquium (Blenheim, 26 January 2019).
                  • Keynote address "Vigilance and Restraint in the Common Law of Judicial Review Address based on his book of the same name (Cambridge University Press, 2017)" Government Law Year in Review Half-Day Seminar (NZCPL, Wellington, 12 February 2018).
                  • "Constitutional encyclopaedia or curious citizenship: Different conceptions of civics education in New Zealand" at Law and Society Association of Australia and New Zealand 2017 Annual Conference (Dunedin, 6–7 December 2017).
                  • "Courts and the Executive: A Story (Some Stories?) About Judicial Review in New Zealand" paper presented to Institute of Judicial Studies 'Challenge and Change' education symposium (Wellington, August 2017).
                  • "The Meta-structure of Anglo Commonwealth Judicial Review: Scope Grounds Intensity Context" at ICON-S International Society of Public Law annual conference—"Courts, Power, Public Law" (Copenhagen, 7–9 July 2017).
                  • "Judicial Review: A Sufficient Check on the Power of the Modern State? Address to Annual Conference of the Senior Courts (New Plymouth, 1 April 2017).
                  • "The Future of the LSAANZ Big Tent: An open discussion" at 2016 Conference of the Law & Society Association of Australia and New Zealand, Disruption, Temporality, Law: The Future of Law & Society Scholarship (Brisbane, Australia, 30 November to 3 December 2016).
                  • "Vigilance and Restraint in the Common Law of Judicial Review: Scope, Grounds, Intensity, Context" at Cambridge Public Law Conference 2016 The Unity of Public Law? (Cambridge, 12-14 September 2016).
                  • "Modulation of the Depth of Scrutiny in New Zealand Administrative Law: Scope, Grounds, Intensity, Instinct" at Administrative Law in New Zealand Conference (Auckland, January, 2014).
                  • "Rhetoric or reality? Recasting local government's purpose and role" 2013 Local Elections Research Symposium; Future Directions for Local Elections (Massey University, Wellington, January 2014).
                  • (with Conrad Rayners) "#Marriage Equality: Same-sex marriage Reform in New Zealand" Law on the Edge: LSAANZ and CLS Conference (University of British Columbia, July 2013).
                  • "Comments on Gardbaum, 'The New Commonwealth Model of Constitutionalism'" The New Commonwealth Model of Constitutionalism: Theory and Practice (London School of Economics, London, June 2013).
                  • "Vigilance and Restraint: Variable Intensity in Anglo-Commonwealth Administrative Law" at Australasian Law Teachers Association Annual Conference 2012, Legal Education for a Global Community (Sydney, July 2012).
                  • "Publicly Private" at Legal Research Foundation Conference Judicial Review in Commercial Cases - The Ongoing Struggle for Simplicity (Auckland, April, 2011).
                  • "Local Authority Decision-Making: Obligation and Observance" Massey University Local Government Research symposium, Wellington (Dec 2010).
                  • "Review and Appeal of Regulatory Decisions: The Tension between Supervision and Performance", Law Foundation Regulatory Reform Project symposium, Victoria University of Wellington (Nov 2010).
                  • "Land of the Long White Fog: Judicial Review in New Zealand", ANU Public Law Weekend, Canberra (Sep 2010).
                  • "Judicial Review: Practical Insights, Trends, Predictions", Lawyers in Government conference, Wellington (Apr 2010).
                  • "Deference and the Rule of Law: Calibrating Intensity in Judicial Review Canadian-Style", Canada and New Zealand: Connections, Comparisons and Challenges conference, Victoria University of Wellington (Feb 2010).
                  • "Treaty Debates Series 2010: Evolution and not revolution ", Co-chair and commentator, Te Papa Tongarewa / Museum of New Zealand, Wellington (Feb 2010).
                  • "Boobs on Bikes, Bylaws and the Bill of Rights", LexisNexis Local Government Legal Forum, Auckland (May 2009).
                  • "Local Authority Decision-Making Principles: Content, Context, Compliance", Society of Local Government Managers Conference, Blenheim Blenheim (Jan 2009).
                  • "Standards of Review in Administrative Law", Seminar for Crown Law Office, Wellington (Sep 2008).
                  • "The Propriety of Local Authority Action during the Voting Period" Future of Local Government Research symposium Massey University, Wellington (April 2008).
                  • "Pōwhiri in the Public Arena" Law and Society Association of Australia and New Zealand conference, Melbourne (Nov 2007).
                  • "State Of The (Civil) Union: Gay And Lesbian Protections In New Zealand After The Civil Union Reforms", 23rd Australian Law and Society conference Wollongong, Australia (Dec 2006).
                  • "State of the (Civil) Union: Assessing the Legal Significance of the Civil Union Act 2004 and Relationships Bill 2005", LAGANZ: 20 Years On: Homosexual Law Reform, Wellington (December 2006).
                  • "Codes of Conduct" (Local Government) Elected Members Seminar, Wellington (Apr 2006).