Imperial_Laws_Application_Act_1988

Imperial Laws Application Act 1988

Imperial Laws Application Act 1988

Part of New Zealand's uncodified constitution

The Imperial Laws Application Act 1988 is an important part of New Zealand's uncodified constitution. The Act applies certain enactments of the Parliament of the United Kingdom and its predecessors, rulings of the Judicial Committee of the Privy Council and English common law into New Zealand law.

Quick Facts New Zealand Parliament, Passed ...

Background

The 2nd New Zealand Parliament passed the English Laws Act 1858, which affirmed the application of statutes of the Parliament of the United Kingdom and its predecessors to New Zealand law.

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:

Constitutional laws

Other laws

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

See also

Notes

  1. Later repealed by the Habeas Corpus Act 2001.[2][3]
  2. Amended by the Wills Act 2007.[2][4]

References

  1. [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 15 February 2008.
  2. [2]
    "Imperial Laws Application Act 1988 | Schedule 1". legislation.govt.nz. Parliamentary Counsel Office. Retrieved 17 September 2023.
  3. [3]
    "Habeas Corpus Act 2001, section 22". legislation.govt.nz. Parliamentary Counsel Office. Retrieved 17 September 2023.
  4. [4]
    "Wills Act 2007, section 39". legislation.govt.nz. Parliamentary Counsel Office. Retrieved 18 September 2023.
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