Open AccessA Personal Perspective on Legislation: Northern Milk Revisited – Soured or Still Fresh?
Author(s) -
Douglas B. White
Publication year - 2016
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v47i4.4781
Subject(s) - appeal , contempt , legislation , commission , statutory interpretation , law , statutory law , interpretation (philosophy) , political science , perspective (graphical) , common law , philosophy , art , linguistics , visual arts
The thesis of this article is that the overarching objective of statutory interpretation is to "make the Act work" as the Court of Appeal held in Northern Milk. This requires a common sense and practical approach. The article demonstrates the thesis by reference to subsequent Court of Appeal decisions and the complementary legislation establishing the Law Commission and the Parliamentary Counsel Office. The issues raised by the Law Commission’s recently reactivated reference on the law of contempt of court are considered by way of example. The conclusion is that the Northern Milk approach remains apposite.