Public Law and Better Governance
Public law is the law that governs government. In the interests of better government, reviewing local and central government activity is a growing focus at Tāmaki Legal. The impact of freshwater and fisheries legislation on customary rights is an ongoing subject of challenge. When the government assumes managerial responsibility for its citizens’ property, trustee-like fiduciary duties are created. It follows that an important subject of investigation are the fiduciary duties owed by a government to its people.
In this respect, a form of our public law work emanates from the treaty claims sphere in respect of a range of kaupapa. Healthcare, Oranga Tamariki, Veteran’s affairs, housing, the administration of justice, constitutional law matters, to name a few. In our investigation of Crown te Tiriti duties, some of the major issues uncovered are poor data collection, a failure to monitor performance and institutionalised racism at the middle-management level of government agencies.