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14 Cards in this Set

  • Front
  • Back

Inclusion/Exclusion Rule


- mention of one excludes another

- Joyce

Limited Class Rule


- a list of things that creates a class followed by a catch all phrase.

- Prior

Associated Words Rule


- known by the company it keeps

- Abrahams

Internal Context

Interpretation Act 1999 s5(1)

Retrospectivity

- Crimes Act 1961 s10a


- Sentencing Act 2002 s6


- NZ BORA 1990 s25


- Interpretation Act 1999 s7

s25 NZ BORA 1990

If the penalty for an offence has been varied, the accused is entitled to the lesser penalty.

NZ BORA

- s6 - try to interpret in a manor consistent with NZ BORA


- s4 - overruled by any other act


- Quilter

s10a Crimes Act 1961

- without regard to other acts or rules of law, if the act was committed when it wasn't a crime, a crime was not committed.

Meaning of legislation

Interpretation Act 1999 s5

Interpretation Section

- Z v Z


- Interpretation Act 1999 s5


External Context

- Parliamentary History


- Hansard


- Marik


- Pora

Sentencing Act 2002 s6

If consistent with the purpose of the statute, the offender has the right to the lesser of the available penalties.

Interpretation Act 1999 s7

'an enactment does not have retrospective effect'

Penal Presumption

- Daly