Class Notes (808,087)
New Zealand (287)
Law (12)
LAWS101 (12)
Lecture 18

STAT Lecture 18.docx

4 Pages
Unlock Document

University of Otago
Donna Buckingham

08/05 Lecture 18: Statutory Interpretation and the Supreme Court Development of our highest court: Supreme Court: If cases are the same in terms of their facts, they should be treated the same. Not Examinable The Electoral Integerity Act: 2004 NZ replaced the Privy Council, then our highest appellant court- not held in our own country. The Debate: highly controversial:  Not enough work  Loss of overseas investment (commercial confidence)  Insufficient pool of judicial talent: small size of pool from which to draw.  Social distance desirable: it is better to have our highest court free from any possible influence of the fact that they have to live as a judge with the decision they have to make. (Don’t have to live in the society for which they are making decisions). Contre: NZ judges have an idea of what is actually happening in NZ society. (Judges in England thinking Maori live on ‘reservations’).  Treaty issues: breaking the final appeal court tie may not advance the treaty.  Danger of ‘stacking’: First woman attorney general, at the time, took committee of advisors (three governor generals) and undertook in Parliament to go with the judiciary that they would choose for their appellant court.  Judicial activism- legal ‘upheaval’  Extremely expensive- only a few cases may be seen a year due to costs. Section 3(2) Nothing in this Act affect’s New Zealand’s … Applications and hearings per year have varied over time since 2004- number of hearings depend upon whether the case comes under what is appropriate to be heard by the court- defined under s 13. 13. Criteria for leave to appeal:  Court has to give permission for application to proceed. (1) The Supreme Court must not give leave to appeal to it unless it is satisfied that it is necessary … (2) (3) ELECTORAL ACT 1993: expired the 17 September 1995 Seat vacancy if:  Resignation (letter to Speaker)  Incapable of duties:  Dead  Mentally disordered  Conviction for crime carrying up to 2 years imprisonment  Becomes a public servant  Parliamentary dereliction (abandoning office)- member of parliament just stopped coming. RESIGNATION FROM A PARTY DID NOT TRIGGER A VACANCY. Party list member could quit their party but continue as an independent MP (even if the only reason they were elected was because of their party). ELECTORAL INTEGRITY AMENDMENT ACT 2001  Resignation from party triggers vacancy AND  Party itself can trigger vacancy based on member behaviour (added during passage of Bill)  Sections 55A-D defines the process for declaring a seat is vacant. Form of statement to be made by parliamentary leader to Speaker to trigger a vacancy under s 55A: (a) that the parliamentary leader reasonably believes that the member has acted in a way that has distorted an
More Less

Related notes for LAWS101

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.