A Member of Parliament once stated:

"I thought we made the laws and all the Judges did is apply them".

Say, with reasons, whether you agree or disagree with this statement. Your answer should identify and explain the sources of law in New Zealand and the role of the relevant branches of government.

(9 marks)

PART B

Section 180 of the Senior Courts Act 2016 reads:

180 Rules of equity prevail over rules of common law

(1) This section applies to proceedings in a senior court, another court, or a tribunal where equitable jurisdiction may be exercised.

(2) If there is any conflict or variance between the rules of equity and the rules of the common law in relation to the same matter, the rules of equity prevail.

What is the "equitable jurisdiction" referred to in subsection (1)?

(6 marks)

PART C

A lawyer involved in litigation in the High Court of New Zealand cites two cases in support of his arguments in written submissions to the Judge. The first is Burnee Port Authority v General Jones Pty Ltd (1994) 179 CLR 520, a decision of the High Court of Australia (equivalent to our Supreme Court). The second case is Irvine & Co Ltd v Dunedin City Corporation [1939] NZLR 741 (Court of Appeal).

To which case would the Judge attach greater importance? Why?