M3L3 Why we need SI

Question 1

What is the role of the courts?

Answer 1

To interpret Statute not to create law from scratch.

Question 2

Who’s role is it to interpret Statute not to create law from scratch?

Answer 2

The courts.

Question 3

What in the text are clear directions from Parliament for SI?

Answer 3

Contents, preambles, headings diagrams, graphics, examples, and explanatory material in the organisation and format of the legislature.

Question 4

Contents, preambles, headings diagrams, graphics, examples, and explanatory material in the organisation and format of the legislature ARE WHAT?

Answer 4

Clear direction from parliament for SI of the text.

Question 5

What is Section 10 of LA19?

Answer 5

How to ascertain the meaning of legislation.

Question 6

What was the legislation act 2019’s predessecor?

Answer 6

The interpretation Act 1999.

Question 7

s10 of the legislation act 2019 updated what?

Answer 7

s5 of the interpretation act 1999.

Question 8

“the meaning of an enactment must be ascertained from the text in light of the purpose” is from which piece of legislation?

Answer 8

section 5 of the Interpretation Act 1999

Question 9

What was section 5 of the Interpretation Act 1999?

Answer 9

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

Question 10

Why was s 5 of the interpretation act 1999 updated?

Answer 10

because context is important to consider when interpreting statutes

Question 11

What are some examples of context for SI?

Answer 11

International law, parliamentary debates, Waitangi Tribunal reports, and stuff around the law that has effected and influenced parliament bringing in this law.

Question 12

What are the 3 kinds of historical approaches?

Answer 12

Literal rule, golden rule and mischief rule.

Question 13

What’s the golden rule? (Historical Approach)

Answer 13

Words give extraordinary meaning to avoid absurdities. Expands the literal rule, and brings in a bit of the purposive approach.

Question 14

What’s the literal rule (Historical Approach)

Answer 14

Reading the text of the statute on its own. No other context. Led to some absurdities.

Question 15

What’s the mischief rule (Historical Approach)

Answer 15

Looks at the ‘mischief’ that Parliament sought to remedy in passing the statute.

Question 16

What’s the Modern Approach?

Answer 16

Consists of the Text, Purpose, and Context.

Question 17

What’s the Text in the Modern Approach?

Answer 17

What does the legislation actually say.

Question 18

What’s the Purpose in the Modern Approach?

Answer 18

What were the intentions of Parliament when they brought in the law? What is the purpose of the Act?

Question 19

What’s the Context in the Modern Approach?

Answer 19

What are the clues around the legislation that help us to work out the purpose?

Question 20

What 3 reasons are why we need SI?

Answer 20

• Nature of Language (complexity)
• Nature of Legislation (complexity)
• Human Nature

Question 21

What is Nature of Language as a reason for SI?

Answer 21

Language is a difficult thing, English words have multiple meanings. Applies to Common Law and Statutory Law.

Question 22

What is Nature of Legislation as a reason for SI?

Answer 22

It can be problematic because the parliamentary council office drafts it and people make mistakes. Legislation may also contradict, or lack clarity, new law impacts the old but is not repealed.