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Statutory Interpretation - a 2012 guide - Webinar Package

NZ $255.00
incl GST
Ross Carter Jason McHerron
Ross Carter
Parliamentary Counsel
Wellington
Jason McHerron
Barrister
Wellington

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Webinar Package includes:

Archive Presentation  l  Booklet  l  PowerPoint Presentation

 

Webinar Package Fee (incl GST)
$205 - NZLS members and Associate members
$255 - Non-members

Note: Access to the online files is via your "My CLE" page. If you would like to purchase multiple packages, please contact us here.

 

Webinar Archive Presentation


Presentation time: 120 minutes

Statutory interpretation is of central importance to all lawyers. Barristers, solicitors, in-house and other lawyers who regularly interpret and apply legislation in their private or public practice will be interested in attending this seminar.

This topic was last addressed as a NZLS CLE seminar by Emeritus Professor John Burrows QC in 2008, and it is three years since the 2009 4th edition of Burrows and Carter Statute Law in New Zealand. The Legislation Bill before Parliament aims to reform some key law on legislation, including by introducing revision bills to update the law’s form without changing its effects. It is time to stop and reflect on recent case law to consider the current range of available tools for interpretation, and recent trends and developments in their use.

This vital seminar will provide a primer or refresher for all lawyers. Attend to raise your awareness of:
  • The key factors that affect statutory interpretation.
  • How to identify and use those factors, alone and together, in particular cases, to develop and support or strengthen your arguments.
Using examples and illustrations, presenters will cover:
  • Statutory interpretation - what does it mean and why does it matter?
  • Text - what text is relevant, and how is text relevant, to finding meaning?
  • Purpose - why is purpose a second key driver of statutory interpretation?
  • Context - why and how does the context affect legislation’s preferred meaning?
  • Values - why and how do basic principles and values affect preferred meaning?
  • Using all the tools – how judges and others approach the task.

Please contact us if you use a dial up internet connection.
 

Booklet

 
Authors: Ross Carter, Jason McHerron
Published: 8 October, 2012
Pages: 151

   

Introduction

Statutory interpretation is central to the modern private and public practice of law. It is critical to every case affected by legislation. And nearly all cases today involve legislation.

“Statute law in its practical application is not what the Act says”, Francis Bennion reminds us, “but what a court says (or would say) the Act means.”[1] This makes studying statutory interpretation, as Sir Kenneth Keith has noted, at least as important as studying legislative texts: “Whoever hath an absolute authority to interpret any written or spoken laws, it is he who is truly the Law-giver to all intents and purposes, and not the person who first wrote or spoke them.”[2] An authoritative interpretation is therefore determinative – the last word.

Few cases today involve no legislation. Justice Kirby, in common with many other judges, has said: “If the interpretation of contractual documents is an important part of the modern judge’s vocation, the construction of statutes is now, probably, the single most important aspect of legal and judicial work.”[3] “[T]he whole of judicial review”, for example, “could be seen as an appendix to the law of statutory interpretation”.[4] Chief Justice French in 2012 called Australia’s legal system “a statutory universe”: “it is difficult to find any legal problem which is able to be defined and resolved solely by resort to the common law. On the other hand, it is not easy to find a statute which does not depend for its interpretation on principles derived from the common law”.[5] And the Legislation Bill before Parliament proposes to update the law on the drafting, publication, and revision of legislation. So it is no exaggeration to call statutory interpretation, as has Kirby J, lawyers’ “most important task”.[6]

The rest of this booklet is these six chapters:

  • Chapter 1 – Statutory interpretation: What does it mean?

  • Chapter 2 – Text: What text is relevant, and how is text relevant, to finding meaning?

  • Chapter 3 – Purpose: Why is purpose a second key driver of statutory interpretation?

  • Chapter 4 – Context: Why and how does context affect legislation’s legal meaning?

  • Chapter 5 – Values: Why and how do basic principles or values affect legal meaning?

  • Chapter 6 – Conclusion: All the Pieces Matter – a statutory interpretation checklist.

 


[1]     Bennion Statutory Interpretation—A Code (5th ed, 2008) at 512 (Comment on Code s 180).

[2]     Bishop Benjamin Hoadley (an 18th century divine), quoted in J C Gray Nature and Sources of the Law (1916) at 102, 125, and 172 (original emphasis), quoted by Sir Kenneth Keith in “Sources of Law, Especially in Statutory Interpretation” in Bigwood (ed) Legal Method in New Zealand (Butterworths, 2001) at 77 and 78.

[3]     Hon Justice Michael Kirby (2003) 24(2) Stat LR 95 at 96; JJ Spigelman CJ (2010) 84 ALJ 822 (judiciary’s dominant task).

[4]     KJ Keith Interpreting Treaties, Statutes and Contracts (OP No 19, NZCPL, Wellington, 2009) (“Interpreting T, S and C”) at v, citing RB Cooke “The Rights of Citizens” in RS Milne (ed) Bureaucracy in New Zealand (NZIPA, 1957) 84 at 96. “Determining the nature and extent of a statutory decision-maker’s obligation to consult is primarily an exercise in statutory interpretation.”:  NZ Pork Industry Board v D-G of MAF (HC, WN, CIV-2011-485-719, 3 May 2012) at [228] per Joseph Williams J. [Q]uestions of vires are ultimately questions of statutory interpretation.”: Berachan Investments Ltd v Body Corporate 164205 [2012] NZCA 256 at [31] per Arnold J.

[5]     French CJ Litigating in a Statutory Universe (18 February 2012) at 2.

[6]     Hon Justice Michael Kirby AC CMG, “Statutory Interpretation: The Meaning of Meaning” [2011] 35 MULR 113 at 118. Compare Ronald Dworkin (1982) 60 Texas LR 527 at 527 “legal practice is an exercise in interpretation” and Rt Hon Justice Andrew Tipping (Final Sitting Speech, Friday 17 August 2012) “A much higher proportion of civil litigation is now concerned with statutory interpretation”.

 

PowerPoint Presentation

 
These are the slides included in the webinar presentation.
Number of Slides: 98

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