noscitur a sociis
an ambiguous word can be coloured by the words around it
ejusdem generis
a “catch-all” or “general” word can be coloured or narrowed by the words listed before them
expressio unius est exclusio alterius
express inclusions give rise to implied exclusions - e.g. a sign saying children under age 12 eat for free infers that children over this age must pay
generalis specialibus non derogant
the general shall not derogate from the particular
if there is a general rule and specific rule for a particular provision, the specific is taken as the general does not override it
literal or plain meaning approach
if the precise words are plain and unambiguous, we are bound to construe them in their ordinary sense
the golden approach
allows judges to depart from the literal meaning of the words if some absurdity would result
slightly more tolerant of departures from the strict wording of a statute
mischief approach
seeking to find the ‘mischief’ that the statute is designed to correct reveals the purpose for which the legislation was passed
focuses on the purpose and intent of the legislation rather than the literal words of the statute
actus reus of the offence
the guilty act
mens rea of the offence
the guilty mind - intention, recklessness, negligence
res ipsa loquitor
Essentially, the circumstances of the accident are so clear that they imply negligence on the part of the defendant.
novus actus (interveniens)
refers to a break in the chain of causation between a defendant’s initial wrongful act and the plaintiff’s ultimate harm
statute
law that Parliament makes
relationship between statute and common law
statute is the most supreme form of law in NZ and can overrule a conflicting common law rule, due to Parliamentary sovereignty
ordinary meaning
the common or natural meaning of a word or phrase
is ordinary meaning irrelevant ?
no, we often start with ordinary meaning as we are using the English language to shape our legal content
jargon
statutes use jargon to make certain provisions clear to a particular community
broad meaning
allows for a wider more flexible interpretation of the word or phrase, considering the purpose and spirit of the law. It is used when wording is unclear, or if a literal take would lead to a fair or absurd outcome
narrow meaning
sticks closely to the literal meaning or specific definition of a word or phrase it is used when wording is clear and unambiguous
“unless the context otherwise requires”
you can depart from the stated definition if there is a good reason to do so
“means” vs “includes”
means is exhaustive (only the listed items are included, nothing else)
“and” “or”
quite tight legal meanings
“shall” and “must” vs “may”
- may is permissive
- shall and must can be assumed as has to be done
Private Members Bills
usually focus on discrete and narrow issues, decided from a biscuit tin
Select Committee
part of the process of a Bill being passed into Law
the step where public have the opportunity to add input
holds government to account
includes members with particular expertise on the issue
