A Lawyer Looks at Parliament
Sir John Marshall (ed) The Reform of Parliament: Contributions by Dr Alan Robinson and Papers Presented in his Memory (New Zealand Institute of Public Administration, Wellington, 1978) 26
Posted: 18 Oct 2013
Date Written: 1978
Abstract
This article is concerned with the preparation of legislation and with its interpretation and application. The author considers the statute book both in general and in detail. He first explains the overall shape and size of the New Zealand statute book and then considers three particular statutes: the Commerce Act 1975, the Transport Act 1962, and the Town and Country Planning Act 1953. The author tests the general criticisms of legislation – its complex language, over-elaboration, illogical structure, inconsistency and drafting repetition – by reference to these statutes. This leads to a consideration of the methods of construction, interpretation and application employed by the Courts. The article concludes by asking briefly whether New Zealand should enact a Bill of Rights and thereby change the balance between the Courts and the legislature.
Abstract by Juliet Bull.
Keywords: Legislation, preparation of legislation, interpretation of legislation, Commerce Act, Transport Act, Town and Country Planning Act, legislation problems, Courts and legislature, Bill of Rights
JEL Classification: K00, K40, K49
Suggested Citation: Suggested Citation
Kenneth J. Keith (Contact Author)
Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand