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 The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...

and its predecessors, rulings of the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

and

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, bee ...

into New Zealand law.

Background

The

2nd New Zealand Parliament The 2nd New Zealand Parliament was a term of the Parliament of New Zealand. It opened on 15 April 1856, following New Zealand's 1855 election. It was dissolved on 5 November 1860 in preparation for 1860–61 election. The 2nd Parliament was th ...

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 The Statute of Westminster of 1275 (3 Edw. I), also known as the Statute of Westminster I, codified the existing law in England, into 51 chapters. Only Chapter 5 (which mandates free elections) is still in force in the United Kingdom, whilst par ...

(titled Peace of the Church and the Realm Act 1275 in the United Kingdom) *

Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by th ...

(only the preamble and Chapter 29 apply) * Part of the Six Statutes involving

due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...

, including Statute the Fifth (1351) and

Liberty of Subject (1354) Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...

. * Habeas Corpus Acts of

1640 Events January–March * January 6 – The Siege of Salses ends almost six months after it had started on June 9, 1639, with the French defenders surrendering to the Spanish attackers. * January 17 – A naval battle over ...

1679 Events January–June * January 24 – King Charles II of England dissolves the "Cavalier Parliament", after nearly 18 years. * February 3 – Moroccan troops from Fez are killed, along with their commander Moussa ben Ahmed be ...

and

1816 This year was known as the ''Year Without a Summer'', because of low temperatures in the Northern Hemisphere, possibly the result of the Mount Tambora volcanic eruption in Indonesia in 1815, causing severe global cooling, catastrophic in som ...

Act of Settlement 1701 The Act of Settlement is an Act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, be ...

Bill of Rights 1688 The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Roya ...

Petition of Right The Petition of Right, passed on 7 June 1628, is an English constitutional document setting out specific individual protections against the state, reportedly of equal value to Magna Carta and the Bill of Rights 1689. It was part of a wider c ...

1628

Other laws

Calendar (New Style) Act 1750 The Calendar (New Style) Act 1750 (24 Geo. II c.23), also known as Chesterfield's Act or (in American usage) the British Calendar Act of 1751, is an Act of the Parliament of Great Britain. Its purpose was for Great Britain and t ...

Wills Act 1837 The Wills Act 1837 (1 Victc 26 is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will ...

, for persons who die before 1 November 2007. The Act gives the Governor-General in Council the power to make subordinate legislation under Imperial enactments which are part of the Act.

References

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External links