Imperial Laws Application Act 1988
Part of New Zealand's uncodified constitution
| Imperial Laws Application Act 1988 | |
|---|---|
 | |
| New Zealand Parliament | |
Long title
| |
| Passed | 28 July 1988 |
| Status: Amended | |
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.
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
- A part of Statute of Westminster 1275 (titled Peace of the Church and the Realm Act 1275 in the United Kingdom)
- Magna Carta (only the preamble and Chapter 29 apply)[1]
- Part of the Six Statutes involving due process, including Statute the Fifth (1351) and Liberty of Subject (1354).
- Habeas Corpus Acts of 1640, 1679 and 1816[a]
- Act of Settlement 1701
- Bill of Rights 1688
- Petition of Right 1628
Other laws
- Calendar (New Style) Act 1750
- Wills Act 1837, for persons who died before 1 November 2007.[b]
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
References
- ^ 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.
- ^ a b "Imperial Laws Application Act 1988 | Schedule 1". legislation.govt.nz. Parliamentary Counsel Office. Retrieved 17 September 2023.
- ^ "Habeas Corpus Act 2001, section 22". legislation.govt.nz. Parliamentary Counsel Office. Retrieved 17 September 2023.
- ^ "Wills Act 2007, section 39". legislation.govt.nz. Parliamentary Counsel Office. Retrieved 18 September 2023.
External links
- Full text of the Act in the New Zealand legislation database
- Auckland District Law Society - Constitutional sources
