M3L4 Purposive approach

Question 1

What encompasses the Text in SI?

Answer 1

Includes headings, subheadings, part titles, appendix texts, schedules/marginal notes, and interpretation section is a bit hint.

Question 2

What encompasses the Purpose of SI?

Answer 2

• Question What did parliament intend the purpose of this legislation to be?
• Often there is a purpose and/or principles, background, apology, or overview section in an Act. Which help interpret the purpose of the act.

Question 3

What encompasses the Context of SI?

Answer 3

• internal context; diagrams, maps, act structure/marginal notes
• external contexts; international law, WT tribunal reports, Hansard, select committee reports, explanatory notes (by gov on why it was put through), and info on parliamentary websites.

Question 4

What’s Hansard?

Answer 4

Hansard is parliamentary debates for SI look at their actual words/speeches/reading proceedings/ to interpret the meaning all recorded.

Question 5

What’s in the interpretation section that’s important?

Answer 5

The definitions highlighted by parliament

Question 6

What is section 13 of LA2019?

Answer 6

Helps define words for all legislation.

Question 7

What section helps define words for all legislation.

Answer 7

section 13 of LA2019

Question 8

What does section 16 of the LA2019 state?

Answer 8

provides a word denoting a gender that includes every other gender.

Question 9

What section provides a word denoting a gender that includes every other gender?

Answer 9

section 16 of the LA2019

Question 10

What section provides words in the singular including plural and vice versa?

Answer 10

section 19 of the LA2019

Question 10

What does section 19 of LA2019 say?

Answer 10

Provides words in the singular including plural and vice versa.

Question 11

What does section 20 of the LA2019 state?

Answer 11

Provides words in secondary legislation (rules and regs) have the same meaning

Question 12

What section provides words in secondary legislation (rules and regs) have the same meaning?

Answer 12

section 20 of the LA2019

Question 13

What’s section 54-59 of the LA2019 state?

Answer 13

Deal with time and distances, provide specific definitions and examples.

Question 14

What section deals with time and distances, provide specific definitions and examples?

Answer 14

section 54-59 of the LA2019

Question 15

What does section 25 of LA2019 state?

Answer 15

The date on which Acts commence. An act generally commences when is states it does, otherwise presumably the date after the royal assent.

Question 16

What section states the date on which Acts commence. An act generally commences when is states it does, otherwise presumably the date after the royal assent?

Answer 16

section 25 of LA2019

Question 17

What does section 54 of LA2019 state?

Answer 17

When periods start and end.

Question 18

What kind of language is may?

Answer 18

Discretionary, the decision maker in whether they undertake that activity/decision.

Question 19

What’s an example of Discretionary language?

Answer 19

May

Question 20

What kind of language is Shall?

Answer 20

Mandatory, a command. The decision maker has to follow this.

Question 21

What’s an example of mandatory language?

Answer 21

Shall

Question 22

When is “notwithstanding/spite of/despite/regardless” used?

Answer 22

if there is a clash with another provision, then this is a direction one provision us to take precedence.

Question 23

What does mandatory and discretionary language advise?

Answer 23

It advises the client which way the judge/decision maker will prosecute.

Question 24

What language is used if there is a clash with another provision, then this is a direction one provision us to take precedence

Answer 24

“notwithstanding/spite of/despite/regardless”

Question 25

What does “May”(discretionary) indicate?

Answer 25

indicates the decision maker has discretion depends on legislation can decide either way.

Question 26

What does “Shall” (mandatory) indicate?

Answer 26

indicates a command will make this decision, and has to be followed

Question 27

What does “notwithstanding”- in spite of/despite/regardless indicate?

Answer 27

If there is a clash with another provision, then this is a direction one provision is to take precedence.

Question 28

What does “subject to” mean?

Answer 28

A provision won’t operate if it is in conflict with another or another provision/Act has to be taken into account. Gives right of way…

Question 29

What does “deemed” mean?

Answer 29

Gives words an extended definition like held/judged to/not open to argument. A direction from parliament. “Oranges are deemed to be apples.”

Question 30

Following the word deemed sometimes are the words “provided that” or “except where” what does this mean?

Answer 30

Exception phrases that will make sense in context.

Question 31

What is substantive language?

Answer 31

Words with more weight/higher importance as a way to compel a decision maker.

Question 32

What is cascading language?

Answer 32

Sequence of requirement, take each word ata time to determine what it means. Eg. Consider a, then b and then c.

Question 33

Can a judge use a dictionary?

Answer 33

Yes, they can use this external context with the Oxford dictionary or Maori dictionary.