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New Zealand Law
The law of New Zealand uses the English common law system, inherited from being a part of the British Empire. There are several sources of law, the primary ones being statutes enacted by the New Zealand Parliament and case law made by decisions of the courts of New Zealand. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary sovereignty; the rule of law; and the separation of powers. History Pre-European law Before colonisation by the British, Māori customary law ( tikanga) would have served as rule of law for most tribes. The first mention of New Zealand in British statutes is in the Murders Abroad Act of 1817, which clarified that New Zealand was not a British colony (despite being claimed by Captain Cook) and "not within His Majesty's dominions". Treaty of Waitangi The Treaty of Waitangi, signed in 1840, is widely believed to have established British law in New Zealand. There are numerous problems with this theory. F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Common Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wi Parata V Bishop Of Wellington
''Wi Parata v Bishop of Wellington'' was a New Zealand court case of 1877 which ruled that the Treaty of Waitangi was a "simple nullity" having been signed by "primitive barbarians". In 1877 Wiremu "Wi" Parata a wealthy Māori farmer and member of the Executive Council, described by the ''Dictionary of New Zealand Biography'' as having been "an astute politician and skilled orator and debater" took Octavius Hadfield, the Bishop of Wellington, to the Supreme Court, over a breach of oral contract between the Anglican Church and the Ngāti Toa, and a breach of the principles of the Treaty of Waitangi. Ngāti Toa had provided land to the church in 1848 in exchange for a promise that a school for young Ngāti Toa people would be built by the church. However no school was built, and in 1850 the church obtained a Crown grant to the land, without the consent of the iwi. The case was a failure for Parata – Chief Justice James Prendergast ruled that the Treaty of Waitangi was a "s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Court
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Court of Jersey * Magistrates' court (Hong Kong) * Magistrate's courts of Israel * Magistrate's court (South Africa) * District Court (New Zealand), replaced magistrate's courts in 1980 * District Court (Ireland), the main court of summary jurisdiction in Ireland * Magistrate's court (Russia) * Magistrate's court (Sri Lanka) Australian courts * Magistrates Court of the Australian Capital Territory * Magistrates court (Northern Territory) * Magistrates Court of Queensland * Magistrates Court of South Australia * Magistrates Court of Tasmania * Magistrates' Court of Victoria * Magistrates Court of Western Australia * Local Court of New South Wales * Federal Circuit Court of Australia (initially the Federal Magistrate's Court of Australia. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Martin (judge)
Sir William Martin (1807 – 18 November 1880) was the first Chief Justice of New Zealand, from 1841 until he resigned in 1857. Biography Originally from the family of the Martins of Long Melford, Suffolk, Martin was born in Birmingham. He was born in 1807 and baptised on 22 May 1807. He was educated at King Edward VI Grammar School, Eton, and St John's College, Cambridge. On 3 April 1841, he married Mary Ann Parker at St Ethelburga's Bishopsgate where her father was rector. He was appointed Chief Justice of the Colony of New Zealand by the Colonial Office in January 1841 (warrant under Royal sign manual 5 February 1841; sworn 10 January 1842), and arrived in New Zealand in August 1841. left, Mary Ann Martin and Sarah Selwyn">Mary_Martin_(teacher).html" ;"title="Caroline Abraham, Mary Martin (teacher)">Mary Ann Martin and Sarah Selwyn He worked in New Zealand with Henry Samuel Chapman, who in 1843 was appointed Judge for New Munster Province, New Munster, the southern Prov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of New Zealand
The chief justice of New Zealand ( mi, Te Kaiwhakawā Tumuaki o Aotearoa) is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. The chief justice of New Zealand is also the chief justice of Tokelau. Before the establishment of the Supreme Court in 2004, the chief justice was the presiding judge in the High Court of New Zealand, and was also ''ex officio'' a member of the Court of Appeal of New Zealand. The office is established by the Senior Courts Act 2016, which describes the chief justice as "senior to all other judges". The chief justice is first among equals among the Judges of the Supreme Court. They also act in place of the governor-general if one has not been appointed or if the appointee is unable to perform their duties. When acting in place of the governor-general, the chief justice is known as the "administrator of the Government". The chief justice is appointed by the governor-general, on the formal advice of the prime mini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New Zealand
The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London. It was created with the passing of the Supreme Court Act 2003, on 15 October 2003. At the time, the creation of the Supreme Court and the abolition of appeals to the Privy Council were controversial constitutional changes in New Zealand. The Supreme Court Act 2003 was repealed on 1 March 2017 and superseded by the Senior Courts Act 2016. It should not be confused with New Zealand's "old" Supreme Court, which was a superior court that was established in 1841 and renamed in 1980 as the High Court of New Zealand. The name was changed in anticipation of the eventual creation of a final court of appeal for New Zealand that would be called the "Supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Building Auckland
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * "Hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourth Labour Government Of New Zealand
The Fourth Labour Government of New Zealand governed New Zealand from 26 July 1984 to 2 November 1990. It was the first Labour government to win a second consecutive term since the First Labour Government of 1935 to 1949. The policy agenda of the Fourth Labour Government differed significantly from that of previous Labour governments: it enacted major social reforms (such as legalising homosexual relations) and economic reforms (including corporatisation of state services and reform of the tax system). The economic reforms became known as "Rogernomics", after Finance Minister Roger Douglas. According to one political scientist: The Labour government also enacted nuclear-free legislation, which led to the United States suspending its treaty obligations to New Zealand under the ANZUS alliance. David Lange led the government for most of its two three-year terms in office. Lange and Douglas had a falling out that divided the party. The government suffered a defeat at the 199 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of The Treaty Of Waitangi
The Principles of the Treaty of Waitangi (in Māori: ''ngā mātāpono o te tiriti''), in New Zealand law and politics, are a set of principles derived from, and interpreting, the Treaty of Waitangi. They are partly an attempt to reconcile the different te reo Māori and English language versions of the Treaty, and allow the application of the Treaty to a contemporary context. The principles of the Treaty are often mentioned in contemporary New Zealand politics. Need for Treaty principles The Treaty is not regarded as law because it is a treaty not a law. Notwithstanding that, "the English and Māori versions are not exactly the same", and "it focuses on the issues relevant at the time it was signed." As well as this, New Zealand law affirms the common law doctrine that "any rights purporting to be conferred by a treaty of cession cannot be enforced in the courts, except in so far as they have been incorporated in the municipal law". Origins of the principles The principles ori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Maori Council V Attorney-General
''New Zealand Maori Council v Attorney-General, ''also known as the "Lands" case or "SOE" case, was a seminal New Zealand legal decision marking the beginning of the common law development of the principles of the Treaty of Waitangi. Background The Fourth Labour Government was embarking on a programme of commercialisation of government departments and on 1 April 1987 the State-Owned Enterprises Act 1986 came into force. The Act would allow assets and land owned by the Crown to be transferred to State-Owned Enterprises (SOEs) which were government departments restructured and operated as companies. After the introduction of the State-Owned Enterprises Bill into the House of Representatives on 30 September 1986, an interim report of the Waitangi Tribunal had been given to the Minister of Māori Affairs. The Tribunal report feared that land transferred to SOEs such as the Forestry Corporation or Land Corporation would then be out of the power of the Crown to return to iwi in accor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Counsel Office (New Zealand)
The Parliamentary Counsel Office (PCO; Māori: ''Te Tari Tohutohu Pāremata'') is New Zealand's law drafting office. It drafts New Zealand Government Bills (except Inland Revenue Bills) and Legislative Instruments. It publishes all New Zealand Bills, Acts, and Legislative Instruments in print and on the New Zealand Legislation website. History In the years before the enactment of the Statutes Drafting and Compilation Act 1920, the role of Law Draftsman was housed within several different offices. In 1920, the Law Drafting Office was established as a separate Office of Parliament by statute. In 1973, the Law Drafting Office was renamed the Parliamentary Counsel Office. The principal officers of the office were also renamed: the Law Draftsman became the Chief Parliamentary Counsel and Assistant Law Draftsmen were renamed as Parliamentary Counsel. In 1985, the Fourth Labour Government reformed the public service via the Parliamentary Service Act 1985. It abolished the Legisl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
