Statutory Interpretation

Question 1

Statutory Interpretation

Answer 1

Applying the law to the facts, the issues and trying to resolve them.

Question 2

Wider Statutory Context

Answer 2

It is often necessary to read the statute as a whole to know what individual things mean.

Question 3

The Nature of Law

Answer 3

There has to be a coherent form of justice, to help the law. The law won’t breach our individual rights.

Question 4

“Unless the context otherwise requires”

Answer 4

The definition set in the statute will be used, unless otherwise stated.

Question 5

“Means” v “Includes”

Answer 5

The word “means” is going to lay out the definition, there is no room for anything else. The word “includes” means this is one possible meaning, but there is the potential of others.

Question 6

“And” v “Or”

Answer 6

“And” is necessary for the conditions to be satisfied. “Or” presents options for the conditions to be satisfied.

Question 7

“Shall” and “Must” v “May”

Answer 7

You “must” or “shall” do this is compulsory. “May” suggests a discretion, you have the potential of a choice.

Question 8

Parliamentary Process

Answer 8

They have the power to make the definitive call in law. They are democratically elected, in theory they represent our choices.

Question 9

Urgency

Answer 9

The special process that speeds the legislative process up. This means the first, second and third readings are held consecutively.

Question 10

Purposive

Answer 10

If we want a purpose, what the legislation is trying to achieve.

Question 11

Noscitur a sociis

Answer 11

The word can take its meaning from the surrounding words so it takes on a specific meaning from a narrowed down general word.

Question 12

Ejusdem generis

Answer 12

The general words can mean almost anything if we give them a statutory context.

Question 13

Ejusdem generis - 1

Answer 13

Specific words need to apply to a specific class.

Question 14

Ejusdem generis - 2

Answer 14

Specific words cannot exhaust that class, if they do they are not doing anything work related.

Question 15

Ejusdem generis - 3

Answer 15

There must be more than one specific word listed.

Question 16

Ejusdem generis - 4

Answer 16

The purpose of the legislation should not be defeated by the rule. If the application excludes something that should be included, the rule will be displaced.

Question 17

Expressio unis est exclusion alterius

Answer 17

If Parliament has been specific about what they want included, some things will be excluded.

Question 18

Generalia specialibus non derogant

Answer 18

The general rules do not limit the meaning of particular words, or provisions.

Question 19

“Sees”

Answer 19

Literal meaning, as Parliament could have used different words.

Question 20

“Forthwith”

Answer 20

Literally means “immediately” or “right away”

Question 21

Conclusion Trap

Answer 21

Good legal evidence will help conclude the statute, legislation and whether an offence has been met.

Question 22

Case Law —- Statutory Interpretation

Answer 22

The provision is contextual, they are not always authoritative. It is a tool, not an answer.

Question 23

Theory aids our understanding.

Answer 23

We have an understanding of the doctrine to get the why of something that helps us to understand the how.

Question 24

Judges use theory all the time.

Answer 24

Theory is one of the most prominent tools to help guide the decision making in predictable ways.

Question 25

The Plain Meaning Approach

Answer 25

The literal meaning of the statutory word or phrase determines it’s meaning.

Question 26

The Golden Rule

Answer 26

If the result looks ridiculous, we can say that it is absurd. Depart from the ordinary meaning of a word.

Question 27

The Mischief Approach

Answer 27

Purposive interpretation, correctly interpreting what the legislation is saying by looking at the social or economic problem, the ‘mischief’.

Question 28

Wider Legal Context

Answer 28

We need to think at a more substantive level, using consistency and underlying intent. It must make coherent sense.

Question 29

Wider Societal Context

Answer 29

We can reinterpret statute to work with society. The Act applies to societal actions as they arise.

Question 30

Taonga

Answer 30

A chattel is something special, a prized possession.