38Johan Steyn, Pepper v Hart: A Re-exam ination, Oxford Journal of Legal Studies, Vol 21, No 1 (20 01),
p 59.
39Some Reflections on the Reading of Statutes. Landmarks of Law, p 210. See also Columbia U niversity
Law Review, Vol 47, N o 4 p 527 .
40(2000) 186 ALR 289, 307.
27
without controversy.38 Two eminent Judges writing over half a century apart and
on opposite sides of the common law world have each spoken about the inherent
problems of resorting to external sources to interpret legislation. In his celebrated
address in 1947 to the New York Bar Association, Justice Felix Frankfurter refers
to the old adage that only when legislative history is doubtful, do you go to the
statute.39 Justice Kirby voiced the same misgivings in Royal Botanic Gardens and
Domain Trust v South Sydney City Council when he said:
In statutory construction, there is a tend ency, noted in several recent cases, for judges and
others to look first to a number of external sources for guidance, including judicial
generalities or lega l history. It is as if some who have the responsibility of interpretation of
legal words find the rea ding and a nalysis of the texts themselves distasteful, like de ntists
happy to talk about the pro blem but loath to pull a tooth. In statutory construction this error
of approach must be rooted out. The proper place to start is the statute. A wide range of
other materials may now be ac cessed, if need be, to a ssist in the task. But the task remains
that of finding meaning o f the legislation from the text, not from other m aterials.40
48
Context is crucial in understanding the meaning of the statutory text. Other
legislation that deals with related aspects of the subject matter of a particular statute
may also affect its interpretation. A legislative regime might consist of a statute and
delegated legislation that a reader needs to know about. Legislative history may be
relevant. International law may also affect meaning. In a recent article, Mark Gobbi
identified out of a total of 700 New Zealand public statutes 92 public statutes giving