Key Legal Principles

Question 1

What does the Interpretation Act 1999 say are the two core principles of interpretation (set out in s 5(1))

Answer 1

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

Question 2

What did the Legislation Act 2019 add to ascertaining the meaning from legislation

Answer 2

restores the reference to context; “the meaning of legislation must be ascertained from its text and in the light of its purpose and its context”

Question 3

What must judges consider when using the ambulatory approach?

Answer 3

Doctrine of Parliamentary sovereignty. Judges must strike the balance between using modern words, and ensuring that they are not overstepping their constitutional boundaries by undermining Parliament’s intent

Question 4

the safest guide to approaching any interpretive task is to:

Answer 4

• ask what this statutory provision appears to mean on an ordinary meaning
• then consider how this reading will work in the context of the legislation as a whole, and the general administration of justice (i.e it does not align with the wider law; it is unlikely to have negative effects on the community in the future etc)
• then analyse whether this reading will give effect to the purpose of the Act