The Material Sources of New Zealand Law Chapter 2.1 The Material Sources of New Zealand Law

The Material Sources of New Zealand Law English Law as at 14th January 1840 1. The historical sources of NZ law include English Law as at the date prescribed by the English Laws Acts. Although these have been repealed by the Imperial Laws Application Act 1988, NZ law is still derived ultimately from these English origins.

The Material Sources of New Zealand Law English Law as at 14th January 1840 Treaty of Waitangi Although its significance lies mainly in constitutional law as one of fundamental documents of the constitution it is included as one of the historical sources of NZ law in general if only because the grant of kawanantanga has been taken to include the right to make law for all New Zealand citizens.

The Material Sources of New Zealand Law English Law as at 14th January 1840 Treaty of Waitangi Ordinances of the Governor and Legislative Council of New Zealand Although the ordinances have been replaced they played their part in moulding the beginning of New Zealand law including the formative stages of the court system in New Zealand.

The Material Sources of New Zealand Law English Law as at 14th January 1840 Treaty of Waitangi Ordinances of the Governor and Legislative Council of New Zealand Acts of the NZ Parliament The legislation passed by New Zealand parliaments has had the greatest influence in the moulding of NZ law into a peculiarly NZ product. Initially and for some 120 years NZ legislation tended to follow English models especially in the commercial field. For the last 30 years or so NZ has increasingly gone its own way or followed other commonwealth models notably those of Canada and of course Australia.

The Material Sources of New Zealand Law English Law as at 14th January 1840 Treaty of Waitangi Ordinances of the Governor and Legislative Council of NZ Acts of the NZ Parliament Decisions of the NZ Courts The decisions of the Supreme (High) Court, the Court of Appeal and the Judicial Committee of the Privy Council have enable NZ to develop its own body of judicial precedent while retaining strong links with the root stock of the common law.

PRESENT DAY NEW ZEALAND LAW The Material Sources of New Zealand Law English Law as at 14th January 1840 Treaty of Waitangi Ordinances of the Governor and Legislative Council of NZ Acts of the NZ Parliament Decisions of the NZ Courts This does not include all sources for reasons of clarity and simplicity – mention could also be made of international conventions and Imperial legislation since 1840 that has had application in New Zealand such as the NZ Constitution Act 1852 PRESENT DAY NEW ZEALAND LAW