When legislation changes, technologies evolve and statutory powers are tested, the strength of your interpretation can determine the outcome. Build a sharper, more defensible approach to statutory interpretation with practical guidance from experienced public law barristers. Examine interpretation of transitional and savings provisions. Delve into broad statutory provisions and the purpose, discretion and legal limits of interpretation of them. Address interpretation when modernity and technology bring a new lens to old statutes. Take a deep dive into cases that turn on interpretation. You’ll leave better equipped to identify interpretive risk, construct persuasive statutory arguments and advise clients and decision-makers with greater confidence.
Wednesday, 24 February 2027
9.00am to 10.00am Interpreting and Applying Transitional and Savings Provisions
We often skim over transitional and savings provisions. However, when clients are organising their affairs during a period of legislative change, the interpretation of these provisions can create real practical difficulties. Gain practical insights into:
- The default rules under the Legislation Act 2019 on the effect of repeal and amendment, including the preservation of accrued rights, liabilities and pending proceedings
- The presumption against retrospectivity and how courts decide whether legislation applies to past events, existing arrangements, or proceedings already underway
- Analysing common drafting pitfalls, including silence, ambiguity, gaps between old and new regimes, and conflicts between express transitional provisions and the statutory defaults
- Case studies of recent court decisions where transitional and savings provisions have created difficulties
Presented by Duncan Ballinger, Barrister, Stout Street Chambers
11.00am to 11.15am Morning Tea
12.15pm to 1.15pm Litigating Complex Statutory Interpretation Issues in Court
Explore litigation where an issue of statutory interpretation dominates the proceeding and how to navigate your client’s interests. Some questions and issues arising include:
- Do the facts/pleadings still matter or is it all about the law?
- The wider ramifications – floodgates and fears over evolving and new interpretations of “settled” approaches to statutory issues
- Overlaying a New Zealand Bill of Rights Act consistent interpretation to statutory powers and tests
- Managing appeals
Presented by Charlotte Griffin, Barrister, Kate Sheppard Chambers
Description
Attend and earn 4 CPD Hours
Learning Objectives:
- Develop an understanding of Interpretation and application of transitional and savings provisions
- Analyse the principles permitting interpretation of broad statutory powers by reference to purpose, discretion and legal limits
- Evaluate the outcomes when we interpret old laws when technology creates new circumstances
- Develop the skills to litigate complex statutory interpretation issues in court
11.15am to 12.15pm When Technology Outruns the Statute: Interpreting Old Laws in New Circumstances
Technological change sometimes exposes assumptions embedded in legislation drafted for an earlier world. Section 11 of the Legislation Act 2019 reflects the “always-speaking” principle that legislation applies to circumstances as they arise - but that does not tell us how far existing statutory language can stretch to accommodate new technology.
Gain practical guidance on:
- When can existing statutory language accommodate a technology that was not contemplated when the legislation was enacted?
- When does adapting legislation to technological change risk crossing the line between interpretation and law reform?
- What can be learned from past developments such as motor vehicles, telephones, email communications and digital records?
- How might the same issues arise with AI inventorship, automated decision-making and driverless vehicles?
Presented by Michael Cameron, Barrister Lambton Chambers
10.00am to 11.00am Interpreting Broad Statutory Powers: Purpose, Discretion and Legal Limits
- Formulations of broad statutory powers: as to the constitution of an entity; as to the range of decisions, illusions of broad statutory powers
- First principles approach to interpretation
- When situations call for exercise of discretion, or experience, judgement and expertise
- When it gets interesting: interpretation in extraordinary times
Presented by Lizzy Wiessing, Barrister, Kate Sheppard Chambers
Presenters
Lizzy Wiessing, Barrister, Kate Sheppard Chambers
Lizzy Wiessing is a member of Kate Sheppard Chambers and has been at the Independent Bar since June 2021. She has a professional background in policy analysis, and local government, public law and civil litigation legal issues, having worked in the local government space throughout her career. She has advised on a wide range of local government matters, including matters arising from the national and local emergencies of the last few years.
Duncan Ballinger, Barrister, Stout Street Chambers
Duncan is a barrister practising in general commercial and public law litigation. He has experience in the Court of Appeal, High Court, District Court, and in mediations. Duncan acts for a wide range of public and private sector clients. Prior to joining chambers, Duncan worked as a judge's clerk at the Court of Appeal for the Hon Justice White and the Hon Justice Kós. Duncan accepts instructions to assist senior counsel.
Michael Cameron, Barrister Lambton Chambers
Michael Cameron is a barrister at Lambton Chambers specialising in legislation and public and administrative law. He has more than 20 years’ experience in law, policy and legislative development, in both New Zealand and the United Kingdom. He brings practical experience of designing, drafting and implementing legislation to his work on statutory interpretation. Michael is a member of the Parliamentary Counsel Office’s Legislation Services Panel. He was named NZLS In-House Lawyer of the Year in 2015 and awarded the New Zealand Law Foundation’s International Research Fellowship in 2016.
Charlotte Griffin, Barrister, Kate Sheppard Chambers
Charlotte has practised as a civil litigation and public law specialist for nearly 25 years. She lead trials and appeals in all levels of the Courts, and has particular expertise in human rights, tort and public law damages claims, prison and parole law, immigration and refugee proceedings. With broad experience in sensitive claims involving historic abuse of vulnerable persons, such as prisoners, children in state care/faith-based institutions, and those involved in mental health proceedings, Charlotte has dealt extensively with litigation involving distressing and complex matters alongside issues of public significance in the higher courts. Prior to joining the Independent Bar in 2015, Charlotte practised for ten years at the Crown Law Office and earlier in private practice and teaching roles. She served as a District Inspector for Mental Health for 6 years, and co-founded Kate Sheppard Chambers in 2020, now Aotearoa’s second largest and only nationwide set of barristers’ chambers, focussed on supporting women lead at the Bar.
