lOMoARcPSD|13097948
Statutory Interpretation
Legal System: Legal Method and Institutions (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
Henry Holderness
STATUTORY INTERPRETATION:
Books:
- Richard Scragg ‘The principles of Legal Method in NZ’ (3rd Edition, Thomson
Reuters, 2016) chapters 4-5
- Burrows and Carter ‘Statute Law in NZ’ (5th ediction, Lexis Nexi, 2015)
Chapters 6-11
Statutory Interpretation Process:
1. To understand what the problem is – why is the statute hard to apply, what
problems do the facts of the case create?
2. Consider/evaluate/ascertain the correct meaning of the statutory language
3. Apply meaning to the facts
4. Reach an outcome
- Statutory interpretation is concerned with the narrow topic of how lawyers
and Courts give meaning to statutory language in order to reach proper
outcomes in particular cases.
- It is important to know about statute law for statute interpretation, as one
needs to know how legislation is created, as certain details within legislative
process can affect how statutes are interpreted.
Key Elements of Statutory Interpretation:
1. Text – words on the page
2. Purpose – what the law-makers were trying to achieve when they made the
law
3. Context – relevant matters surrounding the words on the page that help us
work out the purpose and/or meaning of the text.
CREATION OF A STATUTE:
Three phases of the ‘life’ of a statute:
1. Pre-introduction:
- A new Bill usually has its genesis in government policy
- A proposed Bill could also come from a law reform agency, eg. The Law
Commission or through the Private Member’s Bill process – any member of
Parliament can propose a Bill regardless of the government in power. This is
done by a ballot system. An example of this is the gay marriage bill which
came from Louisa Wall.
- Government ministers are able to submit proposals for Bills at regular
intervals, and the Cabinet Legislation Committee will then prioritize the Bills
that have been submitted.
- Once a proposed Bill has been approved by the CLC, the Bill is then drafted,
usually with the help of the Parliamentary Counsel Office (PCO).
- Once drafted, the Bill is then scrutinized further, in particular by Cabinet as a
whole, and the caucus.
- At the end of this process the Bill is approved for introduction into
Parliament.
2. The Bill in Parliament
Downloaded by Emma Grant ()
Statutory Interpretation
Legal System: Legal Method and Institutions (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
Henry Holderness
STATUTORY INTERPRETATION:
Books:
- Richard Scragg ‘The principles of Legal Method in NZ’ (3rd Edition, Thomson
Reuters, 2016) chapters 4-5
- Burrows and Carter ‘Statute Law in NZ’ (5th ediction, Lexis Nexi, 2015)
Chapters 6-11
Statutory Interpretation Process:
1. To understand what the problem is – why is the statute hard to apply, what
problems do the facts of the case create?
2. Consider/evaluate/ascertain the correct meaning of the statutory language
3. Apply meaning to the facts
4. Reach an outcome
- Statutory interpretation is concerned with the narrow topic of how lawyers
and Courts give meaning to statutory language in order to reach proper
outcomes in particular cases.
- It is important to know about statute law for statute interpretation, as one
needs to know how legislation is created, as certain details within legislative
process can affect how statutes are interpreted.
Key Elements of Statutory Interpretation:
1. Text – words on the page
2. Purpose – what the law-makers were trying to achieve when they made the
law
3. Context – relevant matters surrounding the words on the page that help us
work out the purpose and/or meaning of the text.
CREATION OF A STATUTE:
Three phases of the ‘life’ of a statute:
1. Pre-introduction:
- A new Bill usually has its genesis in government policy
- A proposed Bill could also come from a law reform agency, eg. The Law
Commission or through the Private Member’s Bill process – any member of
Parliament can propose a Bill regardless of the government in power. This is
done by a ballot system. An example of this is the gay marriage bill which
came from Louisa Wall.
- Government ministers are able to submit proposals for Bills at regular
intervals, and the Cabinet Legislation Committee will then prioritize the Bills
that have been submitted.
- Once a proposed Bill has been approved by the CLC, the Bill is then drafted,
usually with the help of the Parliamentary Counsel Office (PCO).
- Once drafted, the Bill is then scrutinized further, in particular by Cabinet as a
whole, and the caucus.
- At the end of this process the Bill is approved for introduction into
Parliament.
2. The Bill in Parliament
Downloaded by Emma Grant ()
