Assignment # 2

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Assignment # 2

Task One: Guide on Interpreting Legislation

Answer #1

This rule is important and it is required to be implementing in specific ways. First, it has to mention here that the above quotation words do not reflect the dictionary meanings of words that matter but the context is more important. Most of the words have different aspects of meaning that becomes impossible to identify the appropriate context. Secondly, this rule skips fact regarding the Act which may affect the way of interpretation. International treaties, common law and other statutes are some of the examples may be relevant at the right interpretation about the question's provision (Cooter and Ginsburg, 1996). Thirdly, statement involves the interpretation of Acts that do not reflect the meaning of words, a part of abstract, but it mainly emphasize to determine how these words apply to the often and factual situations.

The principle included in the section 5(1), “The meaning of an enactment must be ascertained form its text in light of its purpose” is only concerned with the legislation's technical aspects. It many confirms the central position of Parliament in the constitutional arrangements of New Zealand (Cooter and Ginsburg, 1996).

Answer #2

The rationale of the Health and Safety in Employment Act (1992) is to keep working places safe and health for every worker who is a part of the organization. A site of building comes under the place of work's definition. The Health and Safety in Employment Act assigns duties on everyone who either able to engage others to do the work or control the work. This reflects that individual that controls the work or employers have certain responsibilities under the Employment Act of Health and Safety (Davies, 2010).

Answer #3

The employer is obliged to take all the following major steps for making sure the work done is safely:

Have the right training for doing the work

Use equipment, scaffolding and tools in a safe manner

Secure and safe all plant, materials, tools and equipment.

Following relevant procedures of safety

Answer #4

The hazard definition is discussed in the section of hazard management under the Health and Safety in Employment Act 1992.

Answer #5

The employer can find resources and guidance regarding how to comply with the Health and Safety in Employment Act 1992 from:

The Community Law Library http://www.communitylaw.org.nz/community-law-manual/chapter-15-employment-minimum-entitlements/health-and-safety-in-employment/

Travel Agents' Association of New Zealand - TAANZ http://www.taanz.org.nz/health-and-safety/

Ministry of Business, Innovation & Employment http://dol.govt.nz/hs/publications/hseact-text/definitions.shtml

Answer #6

Under the Act of Treaty of Waitangi 1975, the Tribunal Waitangi has exclusive power for determining the effect and meaning of the Treaty as it is highlighted in the two texts (English and Maori) and to make decision regarding the issues that are raised by the disparity among them.

The terms “Waitangi Tribunal” is mainly used for referring both to the individual Tribunals and the total membership that questions into arguments by Maori and it is related to certain omissions or actions of the Crown. It may also breach the Treaty principles. However, the Tribunal delivers its accounts regarding the principles of Treaty (Davies, 2010).

Answer #7

Councils have other regulatory powers that work under ...