Interpretation Act 1851
Interpretation Act 1851
Interpretation Act 1851
Interpretation Act 1851
Public Act |
1851 No 3 |
|
Date of assent |
2 July 1851 |
|
No. III.
An Ordinance to provide for the Interpretation of Ordinances, and for the shortening of the language used therein.
Preamble.
BE IT DECLARED AND ENACTED by the Governor-in-Chief of New Zealand, with the advice and consent of the Legislative Council thereof, and by the authority of the same, as follows:—
1 Every Ordinance passed henceforward may be altered &c. in the same Session.
That every Ordinance to be passed after the commencement of this Ordinance may be altered amended or repealed in the same Session of the Legislative Council, any law or usage to the contrary notwithstanding.
2 All Ordinances to be divided into sections.
That all Ordinances shall be divided into sections if there be more enactments than one, which sections shall be deemed to be substantive enactments without any introductory words.
3 Language of Ordinances how construed
That the language of every Ordinance shall be construed according to its plain import, and where it is doubtful, according to the purpose thereof.
4 When the doing of any act is prohibited, prohibition to extend to the causing such act to be done.
That wherever the doing of any act is prohibited by any Ordinance, the prohibition shall be taken to extend to the causing such act to be done, unless there be something in the subject, or the words of the Ordinance repugnant thereto.
5 Meaning of certain words.
That in all Ordinances words importing the masculine gender shall be deemed and taken to include females, and the singular to include the plural and the plural the singular, unless the contrary as to gender or number is expressly provided; and the word “Month”
to mean calendar month unless words be added showing lunar month to be intended, and the word “Land”
shall include messuages tenements and hereditaments houses and buildings of any tenure, unless where there are words to exclude houses and buildings or to restrict the meaning to tenements of some particular tenure; and the words “Oath”
“Swear”
and “Affidavit”
shall include affirmation declaration affirming and declaring in the case of persons by law allowed to declare or affirm instead of swearing.
6 The words Governor-in-Chief, Lieutenant-Governor, &c., whom to include.
That in all Ordinances that may have been heretofore passed, as well as in all Ordinances that may hereafter be passed, the word “Governor-in-Chief”
shall include the person administering the Government of the New Zealand Islands for the time being; and the word “Lieutenant-Governor”
shall include the person administering the Government of the Province for the time being; and the words “Governor and Executive Council”
shall include the Officer Administering the Government and the Executive Council of any Province; and whenever words designating any public officer may have been or shall be used, such words shall include the public officer so designated in any Province, unless a clear intention to the contrary shall be expressed in any such Ordinances as aforesaid.
7 That where an Ordinance repealing in whole or in part a former Ordinance is itself repealed, such last repeal not to revive Ordinance before repealed.
That where any Ordinance repealing in whole or in part any former Ordinance is itself repealed, such last repeal shall not revive the Ordinance or provisions before repealed, unless words be added reviving such Ordinance or provisions.
8 An Ordinance repealing in whole or in part a former Ordinance, and substituting some provision instead of the provision repealed, such provision so repealed to remain in force until the substituted provision shall come into operation.
That whenever any Ordinance shall be made repealing in whole or in part any former Ordinance, and substituting some provision or provisions instead of the provision or provisions repealed, such provision or provisions so repealed shall remain in force until the substituted provision or provisions shall come into operation by force of the last made Ordinance.
9 Every Ordinance hereafter made to be judicially noticed as a public one, unless declared therein to the contrary.
That every Ordinance made after the commencement of this Ordinance shall be deemed and taken to be a Public Ordinance, and shall be judicially taken notice of as such, unless the contrary be expressly provided and declared by such Ordinance.
10 Proclamations made in pursuance of any Ordinance to be part of such Ordinance.
That all Proclamations made or to be made by the Governor-in-Chief, or Lieutenant-Governor, under the authority and in pursuance of any Ordinance, shall be deemed to be part of such Ordinance, and shall be read therewith, and shall be taken judicial notice of accordingly.
11 Commencement of Ordinance.
That this Ordinance shall come into operation from and after the day of the passing hereof.