M3L1 Intro to SI Flashcards
Whats the dominant source of law?
Statute
Name the sources of NZ law?
Statutory Law, Common Law, Case Law, Tikanga and Judge-made law.
Whats the statute that rules all other statutes?
Legislation Act 2019
What are 3 advantages of Statute Law
Accessible, Written and Predictable
What are 3 disadvantages to statute law?
- Expansion for changes and law reform
- Old
- Not always keeping up
- Inflexible; sometimes must stretch for human behaviour.
What are features of Statutes?
- Big broad code (rules, regs, breaches, and remedies)
- Brought in to overrule Common Law
- Can be brought in to repeal and replace legislation
- Can be very small and select to fix a legal loophole or issue when the courts cannot fix
Does legislation have retrospective effect?
No
What’s section 12 of the Legislation Act 2019?
Legislation does not have retrospective effect.
What piece of legislation outlines that legislation does not have retrospective effect?
Section 12 of the Legislation Act 2019
What is section 11 of the Legislation Act 2019?
That legislation applies to circumstances as they arise, does not have to have thought of every potential piece of legislation before it happens.
What piece of legislation outlines that legislation applies to circumstances as they arise, does not have to have thought of every potential piece of legislation before it happens.
section 11 of the Legislation Act 2019
What are the 3 key elements to Statutory Interpretation?
Text (in light of), Context and Purpose
What is Section 10 of the Legislation Act 2019
How to ascertain meaning of legislation.
- The meaning of legislation must be ascertained from its text and in light of its purpose and its context.
What piece of legislation explains that The meaning of legislation must be ascertained from its text and in light of its purpose and its context.?
Section 10 of the Legislation Act 2019
