2019 Legislation Act

Question 1

What is the purpose of the legislation Act

Answer 1

to promote high quality legislation in NZ, that is easy to find, use and understand.

Question 2

Section 10 - how to ascertain the meaning of legislation

Answer 2

The meaning of legislation must be ascertained from its text and in light of its purpose and its context

Question 3

Section 11- Social Context

Answer 3

Ambulatory approach - Legislation applies to circumstances as they arise

Question 4

Section 12 - Retrospectivity

Answer 4

Legislation does not have retrospective effect

Question 5

Step 1 Hansen test

Answer 5

Ascertain parliaments intended meaning

Question 6

Step 2 Hansen test

Answer 6

Does the infringement breach the NZBORA right

Question 7

Step 3 Hansen test

Answer 7

is parliaments intended meaning demonstrably justified - if so apply it

Question 8

Step 4 Hansen test

Answer 8

If an alternative meaning is reasonable possible then apply it

Question 9

Step 5

Answer 9

If alternate meaning is not reasonable possible then use