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stat interp Flashcards

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1
Q

what are the 3 historical approaches to statutory interpretation

A

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

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2
Q

what was the literal rule of interpretation

A

strict interpretation using the literal meaning of words

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3
Q

what was the golden rule of interpretation

A

expansion of the literal rule to prevent absurdity

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4
Q

what was the mischief rule of interpretation

A

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

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5
Q

what are the 3 main elements of statutory interpretation

A

text, purpose and context

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6
Q

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

A

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

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7
Q

what cases back up the purposive approach and the interpretation act

A

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

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8
Q

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

A

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

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9
Q

what is the 6 step statutory interpretation method

A
  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
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10
Q

what are some preliminary issues to consider before you start

A

commencement date, retrospectivity

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11
Q

what is included as internal contextual indicators

A

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

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12
Q

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

A

Interpretation Act s5(3)

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13
Q

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

A

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

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14
Q

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

A

IA 1999 s6

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15
Q

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

A

IA 1999 s7

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16
Q

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

A

IA 1999 s8

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17
Q

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

A

IA 1999 s27

18
Q

which IA section includes common terms

A

s29

19
Q

define “means”

A

exclusive, prescriptive and complete

20
Q

define “includes”

A

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

21
Q

describe and give cases for the associated words rule

A

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

22
Q

describe and give cases for the limited class rule

A

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

23
Q

describe and give cases for the exclusion rule

A

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

24
Q

describe and give cases for the general/specific provisions rule

A

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

25
Q

describe and give cases for the respectivity rule

A

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

26
Q

what are external indicators of context

A

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

27
Q

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

A

internal, then move onto external

28
Q

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

A

Attorney-General v Whangarei City Council 1987

29
Q

which cases mention societal context

A

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

30
Q

which case is an application of the NZBORA 1990 principles

A

Brooker v Police 2007

31
Q

what is s4 NZBORA 1990

A

legislation is not invalid if it conflicts with NZBORA

32
Q

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

A

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

33
Q

what is s6 NZBORA 1990

A

NZBORA consistent interpretation to be preferred

34
Q

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

A

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

35
Q

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

A

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

36
Q

what is the presumption of law for retrospectivity

A

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

37
Q

what is the presumption against extraterritorality

A

laws only apply domestically in NZ

38
Q

what is the presumption that the Crown is not bound

A

as in IA 1999 s 27 the Crown is not bound

39
Q

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

A

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

40
Q

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

A

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

41
Q

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

A

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

42
Q

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

A

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

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