41Mark Gobbi Dra fting Techniques for Treaties in New Zea land, Statute Law Review, Volume 21,
Numb er 2, pp 71-103 (2000).
42Hu akina D evelo pm ent Trust v W aikato Va lley Au thority [1987] NZLR 188.
43Pierson v Secretary of State [1997] 3 All ER 577, 605.
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effect to international treaties or conventions to which New Zealand is a party.41 In
the same article he notes that in the 1920s and 1930s, no statutes implemented
specified treaties, whereas in the 1980s 13 and in the 1990s 24 statutes implemented
specific treaties. In New Zealand, the Treaty of Waitangi may be relevant depending
on the statute involved, irrespective of whether the Treaty is expressly referred to
in the statute.42
49
Some statutes embody economic concepts that readers need to be familiar with in
order to understand them. Trade practice legislation is a good example. Nor will a
reader of a statute necessarily know what interpretation has been placed on
particular provisions by the courts. In many instances, the written word of a statute
cannot safely be relied on without also considering relevant case law. As Lord Steyn
has observed ,[u]ltim ately, common law and statute coalesce in one legal system.43
A statute that consolidates earlier legislation may just re-enact, with or without
modification, earlier provisions that have been given a particular interpretation by
the courts. Understanding the thrust of a new statute may necessitate understanding
the previous law. It would be impossible to appreciate the effect of reform of a
countrys company law without understanding the changes being made to the
previous law.
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For these reasons, the bare words of a statute tell only a part of the story. Does it
matter then how the statute is drafted? As long as the lawyers and judges can make
sense of it, does it matter whether anyone else can? Why the obsession with plain
language? The answers to these questions are fairly obvious. First, because