Chair
Bronagh McKenna, Barrister, Kate Sheppard Chambers
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
The Effect of NZBORA on Orthodox Statutory Interpretation
- Recapping Fitzgerald v R [2021] NZSC 131, [2021] 1 NZLR 551
- The “purpose” of s 6 of NZBORA
- What does it mean to ask whether a word “can” (or “can reasonably”) bear a meaning?
- Re Gordon [2019] NZHC 184, [2020] 2 NZLR 436
- How clearly must Parliament speak if it wishes to limit fundamental rights?
- Relying on existing legal meanings: R v Harrison; R v Turner [2016] NZCA 381, [2016] 3 NZLR 602
- Setting out the purpose in the parliamentary debate: D (SC31/2019) v Police [2021] NZSC 2, [2021] 1 NZLR 213
- Implied limits from express words: Wairarapa Moana ki Pouākani Inc v Attorney-General [2023] NZHC 2086
- Overriding legislation and express words: Child Protection (Child Sex Offender Government Agency Registration) Act 2016, sch 1, cl 12
Presented by Scott Fletcher, Barrister, Barrister.comm
Learning Objective:
- Understand statutory interpretation under NZBORA.
Presenters
Bronagh McKenna, Barrister, Kate Sheppard Chambers
Bronagh is an experienced litigator, with particular expertise in public law, human rights and international law. Over two decades of legal experience, she has acted for government, international organisations, and blue-chip corporates. Before joining the independent bar in 2023, Bronagh was a Crown Counsel in the Crown Law Office’s Constitutional and Human Rights team. She advised government departments and other Crown agencies on a wide range of matters including the exercise of statutory powers, compliance with administrative law duties, the scope of rights under the New Zealand Bill of Rights Act 1990, the extent of New Zealand’s international law obligations and their domestic implementation, and inquiry-related issues. Bronagh’s international experience spans both the criminal and commercial spheres. It includes over seven years as a prosecutor at the International Criminal Tribunal for the former Yugoslavia in the Hague, prosecuting genocide, crimes against humanity and war crimes. Bronagh has also practised as a competition lawyer with premier London law firm Slaughter and May.
Scott Fletcher, Barrister, Barrister.comm
Scott is a barrister in Wellington. Prior to stepping out as a full barrister in 2022, Scott clerked for the Honourable Justice Miller in the Court of Appeal and was a junior barrister in Thorndon Chambers. He has appeared in all levels of courts on a variety of different legal issues, including as junior counsel for the Human Rights Commission in Zhang v R [2019] NZCA 507, [2019] 3 NZLR 648 (on the role of NZBORA rights in determining sentencing methodology) and Fitzgerald v R [2021] NZSC 131, [2021] 1 NZLR 551 (on the role of NZBORA in statutory interpretation). Scott’s practice focuses on public law, trust law and Te Tiriti.
