Imperial Laws Application Act 1988

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Imperial Laws Application Act 1988

Parliament of New Zealand
Long title An Act to specify the extent to which Imperial enactments, Imperial subordinate legislation, and the common law of England are part of the laws of New Zealand
Dates
Date passed 28 July 1988
Other legislation
Status: Current legislation
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The Imperial Laws Application Act 1988 is an important part of New Zealand's unwritten constitution. The Act applies certain enactments of the Parliament of the United Kingdom and its predecessors, rulings of the Privy Council and English common law into New Zealand law.

Contents

[edit] Background

The first enactment of the 1st New Zealand Parliament was the English Laws Application Act 1854, which affirmed the application of statutes of the Parliament of the United Kingdom and its predecessors to New Zealand law.

[edit] Key provisions

The Act provides that after its commencement, no Imperial enactments or subordinate legislation not listed in the Schedules of the Act are part of New Zealand law.

The First and Second Schedules to the Act lists the Imperial Acts which are part of New Zealand law. The Act also provides that the common law of England (including the principles and rules of equity), so far as it was part of the laws of New Zealand immediately before the commencement of the Act, continue to be part of the laws of New Zealand. These Acts include:

The Act gives the Governor-General in Council the power to make subordinate legislation under Imperial enactments which are part of the Act.

[edit] See also

[edit] External links

[edit] References

  1. ^ David Clark (2000). The Icon of Liberty: The Status and Role of Magna Carta in Australian and New Zealand Law. Melbourne University Law Review. Retrieved on 2008-02-15.