Imperial Laws Application Act 1988
Encyclopedia
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 Privy Council and English common law into New Zealand law.
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.
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.
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
and its predecessors, rulings of the Privy Council and English common law into New Zealand law.
Background
The first enactment of the 1st New Zealand Parliament1st New Zealand Parliament
The 1st New Zealand Parliament was a term of the Parliament of New Zealand. It opened on 24 May 1854, following New Zealand's first general election . It was dissolved on 15 September 1855 in preparation for that year's election...
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.
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:
- Magna CartaMagna CartaMagna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
(only the preamble and Chapter 29 apply) - Habeas Corpus ActHabeas Corpus ActHabeas Corpus Act may refer to several Acts of Parliament and Acts of Congress relating to Habeas Corpus:*Habeas Corpus Act 1640 of the Parliament of England*Habeas Corpus Act 1679 of the Parliament of England...
s of 1640, 1679 and 1816 - Act of Settlement 1701Act of Settlement 1701The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
- Bill of Rights 1688
- Petition of RightPetition of rightIn English law, a petition of right was a remedy available to subjects to recover property from the Crown.Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract...
1628
The Act gives the Governor-General in Council the power to make subordinate legislation under Imperial enactments which are part of the Act.