LAWS 123 Tutorials - Week 1 - 11 PDF

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LAWS 123 TUTORIALS Tut 1 Active vs Passive Sentences: • The active voice describes a situation where the subject performs the action stated by the verb. In a passive sentence the subject is acted upon by the verb Active:  The Professor teaches the students Passive  The Student are taught by the Professor Examples 2. The authority will conduct a hearing about an appeal within three months The authority will hear an appeal within three months 3. The officer will make delivery of the notice within 7 working days The officer will deliver the notice within 7 working days 4. The minister may, if satisfied that the applicant has sufficient funds, issue a licence to the applicant The Minister may issue a license to the applicant if satisfied that the applicant has sufficient funds 5. The returning office must not count the vote of a member whose dues are not up to date The returning officer must count only the returning votes of a member whose dues are up to date Problem 2:  Using numbers, make sure you're inclusive of whatever you're writing in the sentence  Charitable AND educational, makes it seem like you need to be both  "Imprisoned" ambiguous word, in prison, on home detention, need a definition to work it out Part 5 - Penalties 1. All penalties will be judged by the adjudicator 2. COUNTING PERIOD (a) In the event of a miscount during the counting period, the game is to be reset 3. DURING GAME (a) In the event of a 'fake finding' during the game, the Seeker will be subject to a thirty second penalty, stationary and with eyes closed, where they cannot 'seek' (b) in the event of any other breach, other than a miscount, the Seeker will be subject to a thirty second penalty, stationary and with eyes closed, where they cannot 'seek' 4. BOUNDARIES (a) In the event the hider exceeds boundaries, set by the adjudicator, the hider will immediately lose, and be sent to the losers pit

Tut 2 Problem 1: Every person who // damages or destroys any // statue, monument or structure // [in the New Zealand National Museum - Te Papa Tongarewa // commits an offence and is liable to a fine not exceeding $10,000]  "Consequence sentence" when you do ticks and crosses. We aren't interpreting this, it is established  Damages or destroys, there was no lasting damage  He defaced, but the statue was put back into perfect order. You could get towards an issue statement with the definition between cosmetic damage Problem 2: Every person // commits an offence who // while the proportion of alcohol in the // persons breath // exceeds 400 micrograms of alcohol // per litre of breath // drives or attempts to drive // a vehicle // on a road // in such a manner that the safety // of any passenger // in that vehicle // is endangered  What defines a vehicle  DRIVE a pram? PUSH a pram Problem 3: No person may // enter // Maori land // for the purpose of carrying out // a minimum impact activity // where the land // is regarded as wāhi tapu // by the tangata whenua  Look for the word WITHOUT, this shows they have to prove they haven't got something This part is the reverse onus - the defendant has to prove (without the consent // of the owners // of the land

Tut 3 Dictionary 1. Choose and accurately copy down the relevant definition(s) from the correct dictionary  What senses are relevant to the issue word as used in the statute?  Ignore definitions that use the word in a different sense, are highly technical, etc. 2. What arguments can be made for each limb of the issue statement, based on the words in the definitions?  DO NOT LOOK AT THE FACTS!!!!  Arguments must be based on the limbs of the issue statement!!!!  We will return to the facts later in the course, but they are NOT RELEVANT at this point!! 3. Evaluate and compare the arguments for each side  E.g. does one meaning look more 'normal'; is one definition more relevant to the meaning of the word in the statute; is one the primary meaning, you can put more weight on this  Has the wide limb been excluded by the definitions?  How conclusive is the dictionary in these circumstances? Identifying the doubt/arguments Identify the doubt:  What is it about the facts that makes you think the legislation may not be satisfied?  How might we normally think of the word in question Identify what each party will argue (repeat for each party):  What each party will argue about the facts, and why (David will argue that his paint did not damage the statue, to avoid being convicted of the offence)  What each party will argue about the meaning on the issue word (David will argue that 'damages' in the legislation means to cause physical or structural harm. He will argue that 'damages' does not include cosmetic harm)  Which limb this correlates to (this is an argument for a narrow meaning of the word 'damages) QUESTION 1 Tasks: 1. [A full deduction may be made for the following categories] (vii) Any tool // purchased // for use in the business // where at least 75% of it's use// is for the purposes of that business 2. Spot the issue: ANY TOOL 3. Identify: A tool is usually defined as a solid object, with fixed a shape. Cleaning products however are liquid and would not usually qualify as a tool 4. Identify what each party would argue about the meaning of the word in issue;  He would argue that the tool is not limited to solid arguments. (related to wide limb)  The govt. would argue that a tool is something solid, and this 5. State the issue; and  Is a tool limited to an object used to assist in a task with a solid, fixed shape, or can it include any object used to assist in a task regardless of it's fixed shape?  Is 'tool' limited to solid devices or implements used by hand to help perform a particular function or job, (narrow, government)  Or can it also include any thing used by hand to help perform a function or job, whether or not it is solid? (wide ralph) 6. Resolve the issue using only the dictionary

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Tool: A device or implement, typically handheld, used to carry out a particular function. 2 a thing used to help perform a job  Typically handheld - this supports the  Government could argue that the words device or implement strongly suggest something solid, which strongly supports the narrow limb. Because this definition is first in the dictionary, it is the primary definition and carries more weight  The second definition supports Ralph DON'T TALK ABOUT CLEANING PRODUCTS. It refers widely to any thing used to perform a job, this supports the wide limb wide limb is clearly incorporated in this definition and is a reasonable meaning of the word a shown by this definition • Stronger argument:  The government has the stronger argument because the first def. is the primary def. and you should therefore place more weight on it  Ralph: The second def. clearly shows the wide limb is a reasonable definition of the word tool. Govt. has to argue the wide limb is excluded from being a reasonable meaning of the term QUESTION 2 Issue statement: For the purposes of s14 is 'extend' limited to lengthening an original period of time by adding an extra period of time that runs on immediately after the original period; [ministry, narrow] Or can is include adding an extra period of time that may commence at any time after the original period had finished? [Tallulah, wide] Def:   

Make larger or longer in space or time. Occupy a specified area or continue for a specified distance

Tut 4 The doubt  Generally about the facts, be really explicit "party x will argue this because of this" Issue statement Is child limited to a human offspring who is below the age of puberty or below the legal age of majority, or can a child include any human offspring regardless of if they are below the age of puberty or below the legal age of majority? Dictionary def: 1. A young human being beleow the age of full physical developmental or below the legal age of majority Arguments: Defence: Pega would argue that the sub sense is very broad, there are no limitations to age here. This would explicitly support the wide limb, and it is not limited to anyone under the full physical age of development Prosecution: The prosecution will use the primary sense would argue that the dictionary This explicitly supports the narrow limb as it limits the meaning. This definition comes first in the dictionary, and is therefore most likely the most commonly used and accepted meaning of the word. Use counter arguments Is the primary sense within the primary definition  In conclusion overall the prosecution/defence will win on the dictionary because of this… Test Question 1. Articulate underlying doubt  The word "produce" gives rise to the doubt that the legislation is not satisfied, as they do not physically create/make the powder, they import it already produced.  Explicitly states in the facts the chemical substance of the drugs was not modified in any way 2. What would each party argue?  Darry and Debbie would argue that produce means to create from scratch, i.e. actually make the powder. As they do not make the drug, they only repurpose the powder into pills, they are therefore exempt from this part of the law. It did not undergo any chemical change  The prosecution would argue that they do produce the drugs as they are creating pills from the powder, producing a new product 3. Issue statement  For someone to produce a drug, is this limited to making, manufacturing or creating it from scratch, or can it include any item that is made manufactured or created regardless of the components used or method by which it was created?  For a person to create  Or is it sufficient that the person create the form of drug even if the chemical structure of the drug is not modified 4. Dictionary resolution  Produce: make, manufacture, create - create or form as part of a physical, biological, or chemical process  Defence: The defence will argue that the primary sense of this definition only pertains to items that have been created from scratch, in favour of the narrow limb. There must be an original creation process, because the product is completely new  It did not undergo any chemical process,

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Prosecution: The prosecution will argue that the primary definition is open to all items that are manufactured, regardless of the components that created. The sub sense exte The production of something is still not limited to something that is created it is still quite broad

Tut 5 Explanation This example supports (wide/narrow limb) meaning of (issue word). Explain what the example is trying to show and how it resolves the issue. E.g. show how this demonstrates the natural and ordinary meaning of the issue word/ Tip: think about you initial, gut reaction to the ordinary usage example and use this info to inform your explanation. Loaded: emphasises one limb. Not persuasive. Neutral: both limbs are possible, they implicitly suggest one over the other. Persuasive. Choice: the example gives you two options, so both limbs are possible. Anti-loaded: a limb is so loaded in the direction of one limb, but your normal interpretation would cause you to favour the other. Tip of the day: Pg 92 is where all the steps are, DO NOT SKIP ANY OF THEM BECAUSE YOU ALWAYS HAVE TO EXPLAIN YOURSELF. The only time you can skip these steps is when issue word is not even being used. Do not argue on the facts. You only need: the OU example, the statute and the issue statement. Evaluate Criteria pg.92 Natural use of issue word with correct grammar Uses issue word in same part of speech (nouns, verbs) or sense: tense, transitive vs intransitive verb, different context. Relevant to distinction in issue statement Not biased in design, both meanings are possible. Persuasive (conclusion): suggests/implies one meaning of issue word rather than other. Weighing up the above criteria. Approach to persuasiveness: Spectrum: Very persuasive to not very persuasive. Making your own examples: A choice between two options One option for each Try to make it anti-loaded and the neutral examples if possible. Tip: if rushed for time, make a biased/loaded one, then evaluate as poor.

The x case tells us that OU is more persuasive than the dictionary meaning in finding the meaning of the issue word. X = Perrier, Pepsi Tut 5 PQ: Dictionary: Defence would argue that the driver must be in the vehicle according to the primary meaning. Prosecution would argue that there is not always a driver (due to the use of the words "other than") The dictionary implies that the driver must be.. Ordinary usage e.g's "The Passenger was snoring" 1. Capital P bad grammar. 2. In the same sense and tense (singular, present). It the same part of speech, as a noun. Explain further why it is/isn't. 3. Does help with the distinction because it says its possible for a passenger to be snoring would indicate there is someone else driving. 4. Not biased - makes both limbs possible. 5. Neutral example. A passenger who is snoring suggests that there must be someone else in the vehicle implicitly, but does not overrule the other option. Ticks previous criteria.

"After Tim fell out of the driver's door, the car rolled on down the cliff and hit the fence. Luckily, none of the passengers were injured." 1. Correct grammar 2. Use of word "passengers" is a plural, different sense. 3. Yes - favouring the prosecution because the driver is no longer in the car, showing that there does not necessarily need to be an internal driver to consider people passengers. 4. Biased - tells us that there is both a car and a driver and that the rest of the people in the car are regarded as passengers. 5. Loaded and automatically excludes one limb - supports the wide limb. The meaning of passenger does not change regardless of whether there is a driver. Less persuasive because it is a biased example which uses the word in a different sense.

Tut 6 Context steps/Structure  Context is not an invitation to speculate on the object of the Act and interpret accordingly. This is not the purpose step, yet! Context can inform us about the way the person drafting the statute has used the word. 1. Look for other places where the word is used. 2. Look for places where the word is not used, but an alternative one is.  Words are consistently in legislation, so a different word must mean something different 3. Places where related topics shed light on the meaning (surrounding words)  Look to other phrases used in the legislation. Is there a scheme here which intends to interpret a word in a particular way? What is the penalty and what might it suggest about the meaning of the word? 4. explain the context clues for EACH side.  If there is an argument on whether words have different meanings just state that there is  Is there rebuttal for any arguments made? 5. Bring it back to the issue and conclude Other notes: Context rules Rules: note, these are the only Latin maxims we use. Students don't need to know the Latin phrase in order to achieve full marks. Focus on the meaning of the rule, rather than the Latin spelling Noscitur a sociis  Associated words rule. The meaning of a word is derived from the words around it.  Middle of a list  Issue word is sponge. What kind of sponge is the issue. Legislation says: … such as scalpels, sponge, needle. "The common thread among these words is that they all have a medical or surgical element…" Ejusdem generis  General word rule. Where general words follow particular ones, the general words are limited to the same kind as the particular  Usually used in lists with catch all's at the end: "weapon, ammunition, equipment or thing"  End of a list  Issue word is tool  Legislation says:.…scalpel, blade, scissors or any other tool. "The common thread is…" which means that in this context the meaning of tool is less broad. Places to look for contextual clues

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Phrases in each part of the scheme are intended to be interpreted similarly e.g. preparing wine, brewing beer, distilling spirits etc. (e.g. different parts of speech of the same word should be interpreted as meaning very similar things) Marginal notes are summaries of sections which are not technically part of the Act but can be used as an indication of what the section is about Preamble is the introductory statement setting out the purpose of the act, found in older statutes Long title the purpose often stated in the long title found in re-200 statutes but may not cover the whole scope of the act Purpose sections set out Parliaments purpose foro the Act, found in recent statutes Interpretation sections provides definitions of various words used in the statute, may take a word beyond its ordinary meaning Penalties do they align with what would be expected?

PROBLEM QUESTION Bob accuses Hariata of making an 'election advertisement.' Is there a context argument that could help Hariata argue that her poster ie not an 'election advertisement' but is rather an 'electoral advertisement'?  No, she would not be liable under s3A. Her advertisement did not encourage voting for a particular person/party  However, there are contextual clues present in the legislation that suggest she could be liable for another form of detriment - an Electoral advertisement under s221A  That creates a whole new potential issue, just from a thorough read of the legislation  Context is helping us to identify an issue capable of being resolved through our normal procedure. Whether or not she has breached s221A  This tutorial is about looking to contextual clues and getting our heads around using the legislation to inform meaning, rather than fully resolving an issue. We will fully solve an issue using context next week Contextual analysis • Contextual analysis will lead us to the conclusion that there is a difference between an election advertisement (s3A) and an electoral advertisement (s221A). What then, are some clues the legislation gives us that there are two types of advertisement under the Act?  Do the two advertisements each require the same exact form of authorisation (ie the name, address etc written somewhere on the advertisement)  "Unless the advertisement contains a statement setting out the true name of the person for whom or at whose direction is is published and the address of that person's place of residence or business  This different, promoter statements v name of person, they are different. The fact they have used different authorisation requirements is a good argument that they are a different type of advertisement completely  What are the different definitions given for each type of advertisement is one wider than the other?  S221A: 'an electoral advertisement' is defined as "any advertisement relating to an election" This is a wide category  S3A: 'election advertisement" is an advertisement "encouraging or persuading voters to" clearly narrower  An ad encouraging people to vote or not vote (s3A) is ALSO 'relating to' an election (as in s221A). But s221A states that we should exclude 3A (election advertisements) from 221A, and they are treated differently in the legislation. Good

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indication that these are different types of advertisements and that we have another issue as to whether her ad is classed as an electoral advertisement Are the penalties for illegal practice in relation to the two advertisements the same?  Fine for election: $40,000  Fine for electoral: $10,000

Break down:  No person  Shall publish or cause or permit to be published  In an any newspaper, periodical…  Any advertisement  Relating to  An election

Problem question: Bob accuses Hariata of making an 'election advertisement.' Is there a context argument that could help Hariata argue that her poster ie not an 'election advertisement' but is rather an 'electoral advertisement'? Fine for election: $40,000 Fine for electoral: $10,000 Two different words have two different meanings, therefore we can assume that election and electoral have two different meanings. Section 3A outlines an 'election advertisement' to mean "an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to…" Hariata is not trying to encourage or persuade people to vote either wa...