Question
A new walking track called the Metzler Track is opened in an alpine area of great natural beauty. The area is under the control of
A new walking track called the Metzler Track is opened in an alpine area of great natural beauty. The area is under the control of the Department of Conservation. At certain points the track is crossed by forestry and other access roads. In the first year of opening, a walker is killed by a four-wheel drive vehicle travelling at speed along one of the intersecting roads. This made headlines overseas because the track was advertised internationally to be very remote and pristine.
As a matter of urgency, the Minister of Conservation introduces the Metzler Walk Safe Bill to prevent injury to users of the track. In introducing the Bill, he says:
"Following the tragic death of an overseas visitor walking the Track, the safety of visitors to our shores and public confidence in our Great Walks is a top priority of this Government."
The Bill is passed into law. Section 9 of the Metzler Track Act 2021 states that: "no car, motorcycle or other motor vehicle shall be used on the Metzler Track or within 2 kilometres from any point of the Metzler Track."
Your company has a contract to provide certain food and supplies to huts along the track. Normally, this is done by motor vehicle. Also, you wonder what will happen if someone is taken seriously ill or is injured on the walk and needs to be taken to hospital.
How do you think a court would interpret the new legislation? Refer to any relevant principles of statutory interpretation in your answer.[6 marks]
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