Burrows and Carter Statute Law in New Zealand, 6th edition
The guide to statutory interpretation, preparation and drafting in New Zealand.
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Burrows and Carter Statute Law in New Zealand, 6th edition, is a clear and comprehensive guide to statutory interpretation, preparation and drafting in New Zealand. It includes discussion of the Treaty of Waitangi, the procedures for enactment of legislation in our modern MMP Parliament and the progress of new styles of drafting, and analyses recent case law, with a focus on issues of interpretation.
Key developments since the last edition was published include case law changes, the Legislation Act 2019 (Part 2 of which re-enacts, with updating and reforms, the Interpretation Act 1999), changes to the law on secondary legislation and to parliamentary procedure, dual-language Acts in English and te reo Māori, greater recognition in law of tikanga Māori, and proposed amendments to the New Zealand Bill of Rights Act 1990 (for example, amendments related to declarations of inconsistency).
• One of the most cited books by the judiciary: provides the understanding and know-how to win statutory interpretation arguments.
• Covers the intricacies simply: how statute law in New Zealand is proposed, enacted, published, and interpreted.
• Leading authority used by students, practitioners and the courts.
• Butler & Butler The New Zealand Bill of Rights Act: A Commentary, 2nd edition, 2015
• Carter, McHerron & Malone Subordinate Legislation in New Zealand, 2013
Table of contents
Table of Contents
Part I – The nature of legislation
Chapter 1: Legislation in force in New Zealand
Chapter 2: The supremacy of Parliament
Part II – The preparation and presentation of legislation
Chapter 3: The preparation of legislation
Chapter 4: Drafting
Chapter 5: Access to legislation
Part III – Interpretation – General
Chapter 6: The need for interpretation
Chapter 7: Approaches to interpretation
Chapter 8: Purpose
Chapter 9: Context
Chapter 10: The statutory text
Chapter 11: Fundamental principles
Chapter 12: Time in statutory interpretation
Part IV – Interpretation – Specific
Chapter 13: Some particular provisions
Chapter 14: Inconsistency
Chapter 15: Some types of statute
Chapter 16: Common law and statute
Part V – The duration of legislation
Chapter 17: Coming into force
Chapter 18: Retrospective legislation
Chapter 19: Repeal
Chapter 20: Amendment
Approx 800 pages