Question

COURSE: COMMERCIAL LAW

In your answer, please refer to judicial approaches to statutory interpretation, intrinsic and extrinsic aids for interpretation, and any relevant maxims of interpretation.

After a series of fights at children’s weekend sports games Parliament passed the Safety in Sports Act 2012. The Minister of Sport and Recreation during the Safety in Sports Bill’s first reading stated that:

“This Bill will protect players, spectators and officials who attend sporting matches. Some spectators, in particular parents, have got carried away at sports games and fights have broken out. If spectators and players bring weapons to games the risk is that serious injury and even death may occur if weapons are used during fights. Even the sight of such weapons can be intimidating or lead to the escalation of tensions at a sports match. I am determined to ensure sports matches are safe for everyone. ”

Section 5 of the Safety in Sports Act states that:

The purpose of this Act is to protect players, officials and spectators by preventing people from bringing dangerous weapons to sports games.

Section 2 provides that:

“Sports event” means a game of organised sport run by a sports organisation.

“Weapon” includes a knife, gun, baseball bat or any other weapon.

Section 10 states that:

“It is an offence for any person to be in possession of a weapon at any sports event and is punishable by a fine of up to $10,000 or to imprisonment for a term not exceeding 2 years.”

Section 11 states that,

“Searches under this Act may be conducted by a member of the New Zealand Police Force or an official of a sports organisation.”

Max is 16 years old. On 1 June 2012 he brought a replica plastic pistol to his Saturday morning soccer game for the Tohunga Football Club (TFC) at Grey Lynn Park. It was a birthday present from his uncle and he wanted to show it off to his friends. The pistol looked real, but it was made of plastic and could not harm anyone.

Max showed the pistol to his team mates before the game and then put it in his sports bag which his mother, Mary, held during the game. During the game the president and a member of the organising committee of the TFC conducted a search of the spectators. The pistol was found and confiscated.

Mary was charged with breaching s10 of the Safety in Sports Act 2012.

Max was expelled from the TFC for breaching s10 of the Safety in Sports Act 2012.

Steve is also at Grey Lynn Park at the same time having a casual game of touch rugby with a few friends.

They were playing 300 metres away from the Tohunga soccer match. Steve had a hammer in a backpack

which was on the ground next to where he was playing.

Steve was a builder and was going to work straight after the game. Steve never left his tools in his car as he

had had tools stolen from his car on a number of occasions.

Steve’s bag was searched by an employee of Blackwater, a security company employed by the TFC and the

hammer was discovered. Steve was charged with breaching s10 of the Safety in Sports Act 2012.

Required:

Advise whether Mary, Max and Steve have breached the Safety in Sports Act 2012?

Answer 1

Answer:

Case of Max and Mary:

Safety in sports act was enacted to prevent the players, spectators and officials who attend sporting matches from carrying any weapon along with them with the intention of creating harm to any of the party of the sports matches during the fights in the matches. A weapon by its definition is a thing that could cause a serious injury or even death if use during the fight in the games and in order to prevent this safety in sports act was enacted.

Since, the pistol hold by Max and Mary was made of plastic material was not able to harm anyone, hence, it could not be considered as the weapon brought for the purpose of creating harm to anyone.

Thus, max and Mary has not breached the Safety in Sports Act 2012.

Case of Steve:

The hammer carried by Steve in his backpack will be treated as a weapon as it could harm anyone if used in the fights during the sport matches. The act certainly specifies that no individual including the players, spectators and officials attending the sporting matches should carry any weapon along with them with the any of the intention as in case of the eruption of tension during the match, these weapons could be used for causing the harm to players and spectators. Moreover, even the sight of such weapons can be intimidating or lead to the escalation of tensions at a sports match.

Thus, by carrying hammer in his backpack, Steve has breached the Safety in Sports Act 2012