DOCSLIB.ORG

Presentation of New Zealand Statute

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Presentation of New Zealand Statute p September 2007, Wellington, New Zealand I ss u e S p a p e r 2 | re S e N tat I o preSeNtatIoN N of Ne of NeW ZealaNd Statute laW W Zeala in coNjuNctIoN with parlIameNtary counsel offIce N d Statute l a W September 2007, Wellington, New Zealand | ISSUES PAPER 2 PRESENtAtIoN of NEW ZEAlANd StAtUtE lAW the law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Right Honourable Sir Geoffrey Palmer – President dr Warren Young – Deputy President Helen Aikman QC Professor John Burrows QC the General Manager of the law Commission is Brigid Corcoran the office of the law Commission is at level 19, HP tower, 171 featherston St, Wellington. Postal address: Po Box 2590, Wellington 6011, New Zealand document Exchange Number: sp 23534 telephone: (04) 473-3453, facsimile: (04) 914-4760 Email: [email protected] Internet: www.lawcom.govt.nz the law Commission’s processes are essentially public, and it is subject to the official Information Act 1982. thus copies of submissions made to the Commission will normally be made available on request, and the Commission may mention submissions in its reports. Any request for the withholding of information on the grounds of confidentiality or for any other reason will be determined in accordance with the official Information Act. Issues Paper/law Commission, Wellington 2007 ISSN 1173-9789 this issues paper may be cited as NZlC IP2 this issues paper is also available on the Internet at the Commission’s website: www.lawcom.govt.nz Law Commission Issues Paper Presentation of New Zealand Statute Law Issues Paper ConTenTs Call for submissions ........................................................................................................... 5 terms of Reference ............................................................................................................ 6 Acknowledgment ............................................................................................................... 7 InTroduCTIon ................................................................................................................... 8 ChapTer 1 ........................................................................................................................... 9 Access to legislation ..................................................................................................................... 9 the obligation ................................................................................................................... 9 the fulfilment of the obligation .................................................................................... 12 Conclusion ........................................................................................................................ 16 ChapTer 2 ........................................................................................................................ 17 the PAl Project ......................................................................................................................... 17 Scope of the PAl Project ................................................................................................. 18 objectives of the PAl Project ......................................................................................... 18 technical Specifications of PAl ..................................................................................... 19 Government-owned legislation database ..................................................................... 21 officialising the legislation database ............................................................................. 21 Browsing and Searching Capability of PAl ................................................................... 24 Possibilities for Building on PAl .................................................................................... 27 Hard Copy and Electronic Access to Acts ...................................................................... 28 Conclusions Regarding Hard Copy and Electronic Access ........................................... 29 ChapTer 3 ........................................................................................................................ 31 Current Problems with Accessing Statute law ......................................................................... 31 order of the Statute Book ................................................................................................ 31 Plain English drafting and older Acts ........................................................................... 36 Much Amended older Acts ............................................................................................. 38 obsolete and Redundant Acts and Acts in Need of Updating ...................................... 40 Inconsistencies Between Acts ......................................................................................... 41 Summary .......................................................................................................................... 42 ChapTer 4 ......................................................................................................................... 43 Preservation of Historical Acts ................................................................................................... 43 the Importance of Preserving Historical Acts ............................................................... 43 disintegration of Historical Acts .................................................................................... 47 PRESENTATION OF NEW ZEALAND STATUTE LAW: Issues Paper ChapTer 5 ......................................................................................................................... 53 Indexing ........................................................................................................................................ 53 What is an Index? ............................................................................................................ 53 Indexes to legislation in New Zealand ......................................................................... 56 Indexes to legislation in overseas Jurisdictions............................................................ 65 Considerations in Producing an Index ........................................................................... 76 the Medium ..................................................................................................................... 82 Conclusions for New Zealand ......................................................................................... 84 ChapTer 6 ......................................................................................................................... 86 Reprinting ................................................................................................................................... 86 History of Reprinting in New Zealand ........................................................................... 87 the future of Reprinting: the PAl System .................................................................. 91 Conclusions ...................................................................................................................... 94 ChapTer 7 ......................................................................................................................... 96 Revisions ..................................................................................................................................... 96 Introduction ..................................................................................................................... 96 History of Revision in New Zealand .............................................................................. 97 the Case for Revision .................................................................................................... 100 What Kind of Revision? ................................................................................................ 101 Who Would Undertake the task? ................................................................................ 102 How Would the Revisions be Authenticated? ............................................................. 102 other Jurisdictions ......................................................................................................... 104 Conclusions for New Zealand ...................................................................................... 113 Substantive Amendment .............................................................................................. 113 ChapTer 8 ....................................................................................................................... 115 Codification ................................................................................................................................ 115 Meaning of “Code” ......................................................................................................... 115 Codification in New Zealand ......................................................................................... 118 ChapTer 9 ......................................................................................................................
Load more

Recommended publications
  • Justice Joe Williams
    Managing the collision between two worlds First Law of Aotearoa 1200-1840 . Kupe’s laws . Adapted to new conditions . A system of values and principles for the organisation and administration of kin communities . Whanaungatanga – centrality of kinship and careful attention to relationships . Mana – principles of leadership and individual dignity . Tapu – behavioural control and sacred/ profane divide . Utu – reciprocity obligation . Kaitiakitanga – obligation to care for one’s own Flexible and consensus based within a system that naturally defers to mana and collective will Second Law of New Zealand 1840-1985 . Central authority with unrelated officials dispensing its law . Individual dignity and autonomy of subjects/ citizens . Economic and some social relationships among people defined by contract . Relationships with the environment, moveables and (eventually) intangibles defined through concept of property First and Second Laws collide . Treaty is a legal nullity – Māori rights are statutory only; otherwise Crown ‘of necessity is to be the sole arbiter of its own justice’ . Native title not justiciable except through statute – recognition conditional on detribalisation of title . Recognition of tikanga is temporary expedient on a linear path to extinction and assimilation – NLC applies custom to extinguish it; quasi custom RM courts eventually abolished; autonomous native districts under s 71 Constitution Act never implemented Whanaungatanga . Whanaungatanga rendered redundant as determinant of rights . Property rights take over . Whanaungatanga removed as a driver of wealth . Wage labour takes over . Whanaungatanga removed as a mechanism of social control . Police and the courts take over Third Law of Aotearoa-New Zealand 1985-present New legal culture in which tikanga mainstreamed . Reinvention of Treaty as creature of law and Treaty settlement process created – Waitangi Tribunal .
    [Show full text]
  • DEPA Treaty of Waitangi New Zealand August 2019
    DEPA IN CONFIDENCE Digital Economy Partnership Agreement (DEPA) Non-Paper from New Zealand: The Treaty of Waitangi August 2019 Text for DEPA: Treaty of Waitangi 1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under the Treaty of Waitangi. 2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. [Cross reference TBC] shall otherwise apply to this Article. A panel established under [Cross reference TBC] may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a Party’s rights under this Agreement. Note that the text used for DEPA is the same as text in the P4, CPTPP and Singapore- New Zealand FTA but would be updated if no dispute settlement provisions. Summary The Treaty of Waitangi (the Treaty) is a founding document of New Zealand of the greatest constitutional importance. The Treaty provides a framework for the ongoing relationship of partnership between the Crown (represented by the Government of New Zealand) and Māori, the indigenous people of New Zealand. As part of the principle of partnership between the two signatories of the Treaty, it is important that recognition be given to the special place of the Treaty in New Zealand.
    [Show full text]
  • Nation, Adrian V the Director of Public Prosecutions and the Attorney General of Jamaica Consolidated With
    IN THE SUPREME COURT OF JUDICATURE OF JAMAICA IN THE CONSTITUTIONAL COURT BEFORE: THE HONOURABLE MR JUSTICE MARSH THE HONOURABLE MR JUSTICE BROOKS THE HONOURABLE MR JUSTICE PUSEY CLAIM NO 2010 HCV 5201 BETWEEN ADRIAN NATION CLAIMANT AND THE DIRECTOR OF PUBLIC PROSECUTIONS 1ST RESPONDENT AND THE ATTORNEY GENERAL OF JAMAICA 2ND RESPONDENT CONSOLIDATED WITH CLAIM NO 2010 HCV 5202 BETWEEN KERREEN WRIGHT CLAIMANT AND THE DIRECTOR OF PUBLIC PROSECUTIONS 1ST RESPONDENT AND THE ATTORNEY GENERAL OF JAMAICA 2ND RESPONDENT Marcus Greenwood instructed by Lettman Greenwood & Co. for Adrian Nation. Norman Godfrey instructed by Brown Godfrey and Morgan for Kerreen Wright. Jeremy Taylor and Mr Adley Duncan for the Director of Public Prosecutions. Curtis Cochrane instructed by the Director of State Proceedings for the Attorney General of Jamaica. Constitutional Law – Human rights and Fundamental freedoms - Bail, entitlement to – Amendments made by Parliament to the Bail Act – Amendments removing entitlement to bail for certain offences - Whether amendments infringe on the constitutional right to liberty – Whether amendments infringe on the principle of the separation of powers - Constitution of Jamaica sections 2, 13, 15, 16, 17, 20, 25, 48, 49, 50 – Bail Act sections 2, 3, 4 and 10 – Bail (Amendment) Act 2010 – Bail (Interim Provisions) Act 2010 2nd, 3rd, 4th May and 15 July 2011 MARSH J [1] On December 29, 2000, the Bail Act a revolutionary piece of legislation came into force in Jamaica. Among other things, it stated, for the very first time, that every person charged with a criminal offence was entitled to be granted bail. If the dictionary meaning of the word “entitled” was intended, then it meant that every person charged with an offence was “qualified for by right according to law” to be granted bail.” This was against a background of a burgeoning murder rate, a proliferation of illegally held firearms and an increasing level of gun violence.
    [Show full text]
  • Utah Legislative Platform
    Utah Legislative Platform Category: Business Process Innovations Contact: David Fletcher State of Utah Project Initiation and Completion Dates: March 2017 – December 2018 Online/le.utah.gov December 2017 Online/Senate.utah.gov December 2018 Online/Capitol Tour December 2017 Apple Watch/Bill Watch March 2017 Alexa Skill - Utah Ballot Information - October 2018 NASCIO 2019 Executive Summary The Utah State Legislature suite of websites, social media, mobile applications, notification systems and APIs help Utahns, political subdivisions, and interested parties connect and interact with legislators and the government process. Government officials can learn about proposed and historic legislation, identify their legislator, sign up for alerts and notifications, learn what their legislators are thinking, as well as listen to recordings of committee and floor debates using the platform of interrelated services. This suite services also allow government bodies to more effectively participate in the legislative process. Delivering services and information is the core of what government does. The challenge for government is to meet and exceed expectations by delivering services and information across a variety of channels. This suite of services provides targeted notifications, information updates, and email alerts simultaneously to the public and all government officials; providing instantaneous access to information at the same time that the Legislature is receiving it. These service include: ● Le.utah.gov ● Bill Watch ● Voice Assistants ● Social Media ● Financial Disclosures The core of the legislative process is that legislators are acting on feedback received from constituents including the political subdivisions such as cities,counties and school districts. Every bill that they run started with feedback from individuals or groups wanting to make the state better.
    [Show full text]
  • English Radicalism and the Struggle for Reform
    English Radicalism and the Struggle for Reform The Library of Sir Geoffrey Bindman, QC. Part I. BERNARD QUARITCH LTD MMXX BERNARD QUARITCH LTD 36 Bedford Row, London, WC1R 4JH tel.: +44 (0)20 7297 4888 fax: +44 (0)20 7297 4866 email: [email protected] / [email protected] web: www.quaritch.com Bankers: Barclays Bank PLC 1 Churchill Place London E14 5HP Sort code: 20-65-90 Account number: 10511722 Swift code: BUKBGB22 Sterling account: IBAN: GB71 BUKB 2065 9010 5117 22 Euro account: IBAN: GB03 BUKB 2065 9045 4470 11 U.S. Dollar account: IBAN: GB19 BUKB 2065 9063 9924 44 VAT number: GB 322 4543 31 Front cover: from item 106 (Gillray) Rear cover: from item 281 (Peterloo Massacre) Opposite: from item 276 (‘Martial’) List 2020/1 Introduction My father qualified in medicine at Durham University in 1926 and practised in Gateshead on Tyne for the next 43 years – excluding 6 years absence on war service from 1939 to 1945. From his student days he had been an avid book collector. He formed relationships with antiquarian booksellers throughout the north of England. His interests were eclectic but focused on English literature of the 17th and 18th centuries. Several of my father’s books have survived in the present collection. During childhood I paid little attention to his books but in later years I too became a collector. During the war I was evacuated to the Lake District and my school in Keswick incorporated Greta Hall, where Coleridge lived with Robert Southey and his family. So from an early age the Lake Poets were a significant part of my life and a focus of my book collecting.
    [Show full text]
  • 16 a Study in Legal Repression
    ·A Study tn Legal Repression J 789 - r834 By G. D. H. COLE -- N 1797, the year of the Naval Mutinies at the Nore and Spit- 0 -head, when trouble was brewing in Ireland, and the ruling classes in England were in mortal fear, Parliament passed an Act against the taking of unlawful oaths (37 George III c. 123). In the preamble to this Act it was laid down that "whereas divers wicked and evil disposed persons have of late attempted to seduce persons serving in his Majesty's forces by land and sea, and others of his Majesty's subjects from their duty 'and allegiance to his Majesty, and to incite them to acts of mutiny and sedition, and have endeavoured to give effect to their wicked and traitorous proceedings by imposing upon the persons whom they have attempted to seduce the The Naval pretended obligation of oaths unlawfully administered" it was necessary for Parliament mutiny and unlawful oaths to legislate for the prevention of this abuse, and accordingly the courts were instructed to impose penalties up to transportation for a period of seven years. 200 The Martyrs of Tolpuddle This repressive Act of 1797 formed part of a large body of legislation passed during the period which followed the French Revolution. The fortyyears which'preceded the Crushing condemnation of the Tolpuddle Martyrs were plentifullybespattered with laws designed radicalism to crush and disorganise the growing movements for Radical reform which found their main support in the ranks of the working class. It is noteworthy that, despite the laws which have been passed from time to time for the repeal of obsolete statutes, so much of the exceptional repressive measures directed against the working-class move­ ment more than roo years ago should have been allowed to stand right up to the present time.
    [Show full text]
  • Re-Creating Legal Space for the First Law of Aotearoa-New Zealand
    RE-CREATING LEGAL SPACE FOR THE FIRST LAW OF AOTEAROA-NEW ZEALAND BY DR ROBERT JOSEPH* The British Government seems to colonize in a very empirical way: there is no investigation of the laws, usages, and customs of the natives - no attempt made to suit any laws to their particular conditions: how they can expect to succeed is to me marvelous. — Octavius Hadfield, 1847.1 I. INTRODUCTION Prior to signing the Treaty of Waitangi in 1840, law and order operated within the legal system of Aotearoa through tikanga Mäori with Mäori world views, values and customary laws and institu- tions prevailing. In this respect, Mäori customary law or tikanga Mäori is correctly referred to as the ‘first law’ of Aotearoa-New Zealand.2 Following the Treaty, the legal system continued to ac- knowledge and accommodate for Mäori customary laws and institutions in quite significant ways. Early statutory and case law examples acknowledged Mäori customary laws and institutions in pragmatic ways so that there appears to have been some genuine attempts to reconcile two differ- ent world views and laws within the same geo-political space. This article will discuss some of the historic and contemporary statutory and case law exam- ples of a hybrid Mäori-British common law legal system in Aotearoa-New Zealand that signifi- cantly acknowledges the first law – tikanga Mäori customary law.3 The article teases out how the current legal system is encouraging the integration and reconciliation of Mäori customary and English common law highlighting some of the significant challenges of this hybrid polyphylet- ic jurisprudence.
    [Show full text]
  • Climate Change in New Zealand: Constitutional Limitations on Potential Government Liability
    Climate Change in New Zealand: Constitutional Limitations on Potential Government Liability Charles Owen October 2016 A dissertation submitted in partial fulfilment of the degree of Bachelor of Laws (Honours) at the University of Otago, Dunedin, New Zealand. ii Acknowledgments To my supervisor, Nicola Wheen, for her patience and enthusiasm, To the Dean, Professor Mark Henaghan, for sparking my curiosity in the law, And to Mum, Dad, Euan and Olivia for supporting me in every way imaginable. iii TABLE OF CONTENTS: Introduction .............................................................................................................................. 1 Chapter One: A World First – Successful Climate Change Litigation Against the State: Urgenda v Netherlands ............................................................................................................. 3 1.1 Urgenda’s claims ........................................................................................................... 3 1.2 Climate change............................................................................................................... 3 1.3 International legal context.............................................................................................. 4 1.4 National legal context .................................................................................................... 5 1.5 The duty of care ............................................................................................................. 6 1.6 The separation of powers
    [Show full text]
  • Apirana Turupa Ngata, 1874 – 1950
    123 Apirana Turupa Ngata, 1874 – 1950 Jane Stafford and Mark Williams James Belich in a recent revisionist reading of colonial history, Making Peoples, has argued that Māori did not in fact lose the fierce military engagements over land between Māori and Pākehā in the 1860s. In the sense that there was no final surrender and no utter vanquishing of the Māori forces this is arguably true. Yet Māori suffered a series of local defeats and the outcome of the wars was disastrous for them. From the 1870s until the First World War European society in New Zealand, allowing for economic recessions and set-backs, made continuous progress in settling the land, building infrastructure, attracting capital, exporting timber, wool and meat. By the turn of the century New Zealand was a more comprehensively ‘settled’ country than Australia and a mood of smug satisfaction at their achievements and prospects was widespread among Pākehā. In the same period, in a reverse mirror image of Pākehā success and growth in confidence, Māori lost much of their population, their land, their economic base, and the sense that theirs was the dominant culture in the land. This period has been characterized as one of ‘despair’ among Māori by demographer, Ian Pool, and it is the context in which Sir Apirana Ngata’s rise to prominence in the early decades of the twentieth century must be understood. Ngata was more important than any other individual in reversing the calamity that Māori had suffered. His efforts at reigniting Māori self- esteem and improving Māori farming, health and economic outcomes were central to what has been called a ‘Māori Renaissance’.
    [Show full text]
  • Constitution of the Puntland State of Somalia
    CONSTITUTION OF THE PUNTLAND STATE OF SOMALIA December 2009 English Translation November 2011 .• Puntland State was created in 1998 through a consultative agreement among the different regions that constitute Puntland. The creation of Puntland State emerged from Somalia's failure to re-establish an inclusive national government for eight years. The people of Puntland realized they could not continue without a government. It was then decided in the constitutional conference of 1998 that Punt land would become a state that would be part of a federal Somalia. A charter was approved in that same 1998 conference and later replaced with a provisional constitution that was approved by members of the House of Representatives in 200 l. A referendum on the constitution was to have taken place in 2004, although this was not accomplished. Since it was not possible to hold a referendum on the constitution it was decided that the constitution would continue in force while undergoing review. The constitutional review process began in May 2007 and continued until June 2009. In the review process, meaningful opinions were contributed from different sectors of Puntland society, such as Somali lawyers and foreign lawyers. Therefore, the new constitution was drafted to become the law of the people of Puntland and was based on the Islamic shari'a and, at the same time, the constitution guides the system of governance, and thus brings collaboration and order among the different government institutions of the state. It is important to mention that this constitution will have an impact on the life of every Puntlander, because no nation may exist without laws, and therefore this constitution brings order among citizens and moreover entrenches their human rights and responsibilities so that they may attain social and economic development.
    [Show full text]
  • The History of the Term Limit Debate in Congress
    When a Popular Idea Meets Congress: The History of the Term Limit Debate in Congress John David Rausch, jr, West Texas A&M University abstract: This paper examines the history of the term limit debate in the United States from the days of the Articles of Confedera- tion through the 1990s. The research finds that the realities of the legislative process provide infertile ground for enacting congressional term limits. Advocates of term limits serving in Congress have not had the resources to overcome the obstacles presented by the legisla- tive process. The findings contradict the conventional wisdom that Congress responds quickly to popular ideas that sweep the nation. The legislative term limit movement emerged as a signifi- 1784, pp. 98–99). The Committee found Samuel Osgood cant political phenomenon in the early 1990s. Term limi- of Massachusetts ineligible for service since he had served tation, however, was far from a new idea (see Petracca, three years after the ratification of the Articles. Osgood 1992). In fact, the idea of placing limits on the amount of withdrew from the House (Burnett, 1964). Other del- time an elected official spends in office has been debated egates were investigated, primarily for serving beyond the since before the framing of the Constitution of the United one year for which they had been elected. Some contro- States. The novelty of the Oklahoma term limit effort in versy ensued over the exact date of election for the del- 1990 was that it was successful and that it involved the egates from Rhode Island, and they refused to vacate their mass electorate using the citizen initiative process.
    [Show full text]
  • Rekohu Report (2016 Newc).Vp
    Rekohu REKOHU AReporton MorioriandNgatiMutungaClaims in the Chatham Islands Wa i 6 4 WaitangiTribunalReport2001 The cover design by Cliff Whiting invokes the signing of the Treaty of Waitangi and the consequent interwoven development of Maori and Pakeha history in New Zealand as it continuously unfoldsinapatternnotyetcompletelyknown AWaitangiTribunalreport isbn 978-1-86956-260-1 © Waitangi Tribunal 2001 Reprinted with corrections 2016 www.waitangi-tribunal.govt.nz Produced by the Waitangi Tribunal Published by Legislation Direct, Wellington, New Zealand Printed by Printlink, Lower Hutt, New Zealand Set in Adobe Minion and Cronos multiple master typefaces e nga mana,e nga reo,e nga karangaranga maha tae noa ki nga Minita o te Karauna. ko tenei te honore,hei tuku atu nga moemoea o ratou i kawea te kaupapa nei. huri noa ki a ratou kua wheturangitia ratou te hunga tautoko i kokiri,i mau ki te kaupapa,mai te timatanga,tae noa ki te puawaitanga o tenei ripoata. ahakoa kaore ano ki a kite ka tangi,ka mihi,ka poroporoakitia ki a ratou. ki era o nga totara o Te-Wao-nui-a-Tane,ki a Te Makarini,ki a Horomona ma ki a koutou kua huri ki tua o te arai haere,haere,haere haere i runga i te aroha,me nga roimata o matou kua mahue nei. e kore koutou e warewaretia. ma te Atua koutou e manaaki,e tiaki ka huri Contents Letter of Transmittal _____________________________________________________xiii 1. Summary 1.1 Background ________________________________________________________1 1.2 Historical Claims ____________________________________________________4 1.3 Contemporary Claims ________________________________________________9 1.4 Preliminary Claims __________________________________________________11 1.5 Rekohu, the Chatham Islands, or Wharekauri? _____________________________12 1.6 Concluding Remarks ________________________________________________13 2.
    [Show full text]