stat interp

Question 1

what are the 3 historical approaches to statutory interpretation

Answer 1

the literal rule, the golden rule, the mischief rule and purposive approach

Question 2

what was the literal rule of interpretation

Answer 2

strict interpretation using the literal meaning of words

Question 3

what was the golden rule of interpretation

Answer 3

expansion of the literal rule to prevent absurdity

Question 4

what was the mischief rule of interpretation

Answer 4

look at what parliament sought to remedy with the statute (closest to purposive approach)

Question 5

what are the 3 main elements of statutory interpretation

Answer 5

text, purpose and context

Question 6

what does the interpretation act section 5 (1) say about the purposive approach

Answer 6

the meaning of an enactment must be ascertained from its text and in the light of its purpose

Question 7

what cases back up the purposive approach and the interpretation act

Answer 7

CIR v Alcan NZ Ltd 1994, Commerce Commission v Fonterra 2007, Z v Z (no 2) 1997

Question 8

what does Z v Z (no 2) 1997 say about the purposive approach

Answer 8

courts interpret not ammend and they should give effect to the intention of parliament

Question 9

what is the 6 step statutory interpretation method

Answer 9

1. what parts of the statute need to be interpreted
2. what in the relevant provision(s) needs interpreting - the issue
3. make a reasoned purpose statement for Act or provision
4. interpret what the provision(s) means in light of the derived PURPOSE, using principles of statutory interpretation
5. Apply meanings to factual scenario
6. reach a reasoned conclusion

Question 10

what are some preliminary issues to consider before you start

Answer 10

commencement date, retrospectivity

Question 11

what is included as internal contextual indicators

Answer 11

preambles, long titles, purpose sections, headings to sections and parts, diagrams, graphics, examples and other explanatory materials

Question 12

which section of the IA says we can use relevant internal contextual indicators

Answer 12

Interpretation Act s5(3)

Question 13

what cases back up being able to use relevant internal contextual indicators

Answer 13

Daganayasi v Minister of Immigration 1980, Brooker v Police 2007, Police v Emirali 1976, R v Salmond 1992

Question 14

which IA section says “enactments apply to circumstances as they arise” - regard to social or technological advances

Answer 14

IA 1999 s6

Question 15

which IA section says “enactments do not have retrospective effect, unless clear”

Answer 15

IA 1999 s7

Question 16

which IA section says “commencement is day after assent unless stated”

Answer 16

IA 1999 s8

Question 17

which IA section says “enactments not binding on the Crown unless stated” eg: Building Act 2004

Answer 17

IA 1999 s27

Question 18

which IA section includes common terms

Answer 18

s29

Question 19

define “means”

Answer 19

exclusive, prescriptive and complete

Question 20

define “includes”

Answer 20

open - some meanings might not be referred to but still included

Question 21

describe and give cases for the associated words rule

Answer 21

the meaning of a word determined with reference to words around, read in context and coloured by surrounding eg: Abrahams v Cavey 1968, R v Ann Harris 1836

Question 22

describe and give cases for the limited class rule

Answer 22

where a list followed by a catchall term forms an identifiable class eg: Chadbourne v Ansell, R v Thomson, Prior v Sherwood

Question 23

describe and give cases for the exclusion rule

Answer 23

where this is a closed list (doesn’t have the word “includes”), leaving something out is considered deliberate eg: Terminals (NZ) Ltd v Comptroller of Customers 2013, R v Joyce 1968

Question 24

describe and give cases for the general/specific provisions rule

Answer 24

a specific provision in an earlier enactment prevails over a general provision in a later enactment eg: Keybank National Association v The Ship “blaze”, difference in the definition of a working day between the IA1999 and the Broadcasting Act 1989

Question 25

describe and give cases for the respectivity rule

Answer 25

add "respectively" to the end of a sentence where there are two word sets related

Question 26

what are external indicators of context

Answer 26

statements in parliament, explanatory notes, views of academics, other statutes, previous version of the statute on that topic, general societal context/background

Question 27

what should you start with, internal or external indicators of context?

Answer 27

internal, then move onto external

Question 28

what case tells us not to over-rely on parliamentary debates

Answer 28

Attorney-General v Whangarei City Council 1987

Question 29

which cases mention societal context

Answer 29

R v Chief of National Insurance Commissioner, ex parte Connor 1981

Question 30

which case is an application of the NZBORA 1990 principles

Answer 30

Brooker v Police 2007

Question 31

what is s4 NZBORA 1990

Answer 31

legislation is not invalid if it conflicts with NZBORA

Question 32

what is s5 NZBORA 1990 and what case went beyond justified limitations

Answer 32

rights are subject to justified limitations as can be demonstrably justified in a free and democratic society, Quilter v AG 1998

Question 33

what is s6 NZBORA 1990

Answer 33

NZBORA consistent interpretation to be preferred

Question 34

what is the presumption of law for penal statutes + the case that applies

Answer 34

strict/narrow interpretation, favour of the accused, ambiguity, R v Karpavicius 2002

Question 35

what is the presumption of law for taxation statutes + the case that applies

Answer 35

in favour of the person subject to the taxation provision, Stiassny v Commissioner of IR 2012

Question 36

what is the presumption of law for retrospectivity

Answer 36

this is a presumption against retrospectivity as in the IA 1999 S7 but can be rebutted by Parliament's clear intention to the contrary

Question 37

what is the presumption against extraterritorality

Answer 37

laws only apply domestically in NZ

Question 38

what is the presumption that the Crown is not bound

Answer 38

as in IA 1999 s 27 the Crown is not bound

Question 39

what is the presumption as to international law and the cases that apply

Answer 39

parliament will make law consistent with obligations, Rajan v Minister of Immigration 1996, Wood-Luxford v Wood 2014

Question 40

what is the presumption against implied repeal and the cases that apply

Answer 40

Parliament needs to expressly indicate its repealing of an earlier enactment, a court should reconcile the two, if this is not possible the latter statute prevails, Police v Hicks 1974, Kutner v Philips 1891

Question 41

what is the presumption for "ouster of jurisdiction" clauses and the cases that apply

Answer 41

they need to be given a strict interpretation - s27(2) NZBORA protects against these in Judicial Review, Bulk Gas Users Group v Attorney-General 1983, Zaoui v AG (No 2) 2005, Financial Services Complaints Ltd v Wakem 2016

Question 42

what is the presumption for benefitting from wrongdoing and the cases that apply

Answer 42

to allow them to benefit would be inequitable. statutes should be interpreted in a way that prevents this, Riggs v Palmer 1889, Re Sigworth 1935