Comlaw quiz 2 and 3 PDF

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Comlaw quiz notes Quiz 2 1- Which of the following best describes the present legal position of the Treaty of Waitangi? The Treaty is binding only to the extent to which it, or its principles, are incorporated into law by direct reference in a statute. 2- The Public Finance Act 1989 contains: All of the above Requirements for accountability as to government fiscal strategy Requirements for regular economic and fiscal updates by government Principles for responsible fiscal management 3- Bloggs v Jones is likely to be: civil case 4- Jack files a case against Jill for breaching the terms of a contract she signed with him. This is an example of: a civil case 5- The Waitangi Tribunal: Hears grievances relating to the Treaty of Waitangi, including historical grievances. Generally makes non-binding recommendations to government (unless a statute gives it power to make binding recommendations). Was established under the Treaty of Waitangi Act 1975. All of the above are true statements. 6- A principal function of Parliament is: enacting legislation 7- A function of the Courts is: interpret legislation 8- The Executive Council: Can pass delegated legislation and is made up of the Governor General, the Prime Minister and the Ministers of the Crown. 9- Expenditure of money by the government must be authorised by: Parliament 10- Expenditure of money by the government must be authorised by: To punish the offender and deter wrongful conduct 11- A function of Parliament is: to debate proposed new laws and to consider public submissions. 12- Which of the following are part of the executive arm of government?

13- The Government wants to raise the price of soft drinks by adding a 100% tax on their retail price as soft drinks have been linked to increasing rates of obesity. How can the Government raise the prices of soft drinks? The Government is unable to raise the price of soft drinks; Parliament must pass an Act to raise the prices. 14- The Treaty of Waitangi 1840 is an agreement: that has not been ratified by the New Zealand Parliament and is therefore not directly enforceable in the New Zealand courts. 15- R v Bloggs is likely to be: criminal case 16- The function of civil law is: To compensate the plaintiff for his or her loss 17- The Auditor-General: Checks to see money allocated by Parliament has been spent appropriately. 18- The principle of development (in relation to the Treaty of Waiting principles) means: The treaty is adaptable to changing circumstances as they rise 19- The court system in New Zealand: All of the above are true statements in relation to the court system in New Zealand. I soper at edbyj udgeswhohav e" j udi c i al i ndependence" . Pr ov i desapr ocessofappeal t ohi ghercour t / s . Oper at esont hedoct r i neofpr ecedent . Pr ov i desaf r amewor kf ort hehear i ngofcases. 20-Ar t i cl eThr eeoft heTr eat yofWai t angi : Requi r est heCr ownt ot ak eaffir mat i v eact i ont or emedynegat i v es oci al i ndi cat or s s uffer edbyMaor i Al l oft heabov ear et r ue Pr omi sesMaor i t her i ghtofequal i t ywi t hal l NewZeal andci t i z ens Requi r est heCr ownnott oadoptl awst hathav eadi s pr opor t i onat eeffectonMaor i 21-Bl oggsvAt t or ney Gener al i sl i k el yt obe:Aci v i l caseagai nstt heGov er nment 22-Par l i amenti sal s oknownas :Legi sl at ur e

Qui z3 1. In relation to legislation, select the correct statement: All of the above statements are correct. Acts must receive the Royal Assent before they come into effect. In an Act, Parliament can delegate its authority to another body. bills go through a prescribed enactment process before they become Acts. 2. The overriding approach to statutory interpretation in modern times is: the purposive approach. 3. Section 7 of the Interpretation Act 1999 states: `An enactment does not have retrospective effect`. This means that: if a statute expressed that it would apply to events and circumstances that occurred prior to its coming into force, the court must recognise that directive; but otherwise the court would not interpret the statute to apply historically. 4. The delegation of legislative power can be justified on the following grounds: All of the above are justifications for the use of delegated legislation. - It enables the law to be amended to deal with new situations/developments which arise, without the need to go through the whole enactment process. - It facilitates the use of the knowledge or technical expertise of people who are not Parliamentarians; in that the `finer details` of the law can be contained in delegated legislation, after the broad legislative scheme has been enacted by Parliament. - It may be required in times of civil emergency. 5. One of the following statements in relation to statutory interpretation is incorrect. Select the INCORRECT statement: All statutes come into force as soon as the Governor-General gives the Royal Assent. 6. The body of law known as `statutory interpretation` (or `interpretation of legislation`) is found in: case law with some statutory overlay. 7. A court must apply the `purposive approach` to legislation because: the Interpretation Act 1999 must be taken into account and enforced. 8. In interpreting a statute, a court may look at: All of the above. the previous common law. the record of parliamentary debates known as Hansard. related statutes where the definitions of specific terms in one Act are applied in the same way in another Act with similar objects. 9. In relation to legislation The Governor-General has the power to refuse to assent to statutes being passed by Parliament, but rarely if ever exercises this power 10. The following are examples of `delegated legislation`: A notice, a bylaw and a regulation. 11. The (imaginary) Native Species Preservation Act 2006 provides that `it is an offence to capture, maim or kill any tui, kiwi, kea, kakapo, kereru, takahe, kokako, weka or

any other bird`. Under the ejusdem generis maxim (`the class rule`) the words `any other bird` would be most likely interpreted to include: any other native bird of New Zealand as that is the class of birds that those specifically listed belong to. 12. The purposive approach to statutory interpretation: aims to achieve the purpose of the legislation. 13. Which of the following rules of statutory interpretation is true? In order for the ejusdem generis rule to apply, the specific words used must constitute a category, class or genus. 14. In accordance with the law set out in section 5 of the Interpretation Act 1999, a court, when interpreting a statutory provision, must: use internal aids within the statute (such as the preamble, the analysis, table of contents and headings), to better determine the meaning of the words of the statute. 15. A court may refuse to extend the purposive approach too far (to give effect to the purpose of legislation) because: The court cannot go so far as to change the words of a statute as this would mean that it was effectively rewriting the section concerned, and it is not able to do this. 16. Which of the following includes ONLY types of delegated legislation? notice, by-law, regulations, and orders 17. The Fisheries Act 1996 governs the utilisation and sustainability of fisheries resources in New Zealand. It is an example of a: public Act. 18. If a statute states that "for the purpose of this legislation the term car includes a motorbike", this is an example of: A deeming provision. 19. `Delegated legislation` is also known by the following terms: All these answers are correct. - Regulation. - Order in council. - Subordinate legislation. - Enactment. - By-law. 20. An Act of Parliament refers to the phrase `rifle, shotgun, pistol and any other weapon`. According to the `ejusdem generis` maxim, the words `and any other weapon` would be most likely interpreted to include: revolvers and machine guns as these are also firearms...