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Imperial Laws Application Bill-98-1

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Imperial Laws Application Bill-98-1 IMPERIAL LAWS APPLICATION BILL NOTE THIS Bill is being introduced in its present form so as to give notice of the legislation that it foreshadows to Parliament and to others whom it may concern, and to provide those who may be interested with an opportunity to make representations and suggestions in relation to the contemplated legislation at this early formative stage. It is not intended that the Bill should pass in its present form. Work towards completing and polishing the draft, and towards reviewing the Imperial enactments in force in New Zealand, is proceeding under the auspices of the Law Reform Council. It is intended to introduce a revised Bill in due course, and to allow ample time for study of the revised Bill and making representations thereon. The enactment of a definitive statutory list of Imperial subordinate legis- lation in force in New Zealand is contemplated. This list could appropriately be included in the revised Bill, but this course is not intended to be followed if it is likely to cause appreciable delay. Provision for the additional list can be made by a separate Bill. Representations in relation to the present Bill may be made in accordance with the normal practice to the Clerk of the Statutes Revision Committee of tlie House of Representatives. No. 98-1 Price $2.40 IMPERIAL LAWS APPLICATION BILL EXPLANATORY NOTE THIS Bill arises out of a review that is in process of being made by the Law Reform Council of the Imperial enactments in force in New Zealand. The intention is that in due course the present Bill will be allowed to lapse, and a complete revised Bill will be introduced to take its place. The intended legislation contemplates the repeal, in relation to New Zealand, of all obsolete Imperial Acts that are not wanted in this country; the enactment of a definitive statutory list of Imperial Acts that are, in the meantime, to be preserved in force in New Zealand in their existing or an amended form; and the enactment of revised substituted provisions to take the place of certain Imperial Acts that can be dealt with in this way at this stage. The possibility of providing for revised substituted provisions by separate concurrent Bills is also contemplated if appropriate cases emerge, and the need for a definitive statutory list of Imperial subordinate legislation in force in New Zealand is recognised. It is not intended to delay the enactment of legislation on the lines now contemplated while all details of suitable substituted provisions, and the said list of Imperial subordinate legislation, are beijg settled. Following the enactment of the definitive statutory list of preserved Acts, it is intended to proceed without delay to absorb the listed items into the New Zealand Stat:ute Book by re-enactment or reprinting so far as it is useful to do so. The drafting of the contemplated legislation is now sufficiently advanced to indicate what is intended, and to provide a framework adequate to cover outstanding details as they emerge. The main outstanding matters are the completion of the list of preserved Acts in the Second Schedule to the Bill, the completion of the Appendices to this explanatory note, and probable additions to Parts II and III of the Bill which relate to substituted provisions. The completion of this outstanding work is likely to necessitate amendments to clauses 3,4.5,6, and 9 in the light of changes to the Bill and of what may be done in possible concurrent related legislation. The necessity to explain the relevant Imperial Acts as well as the actual contents of the Bill calls for a very full explanatory note. The pattern of this explanatory note is as follows: Pages i and ii deal with introductory matters: Pages ii to iv indicate the material that is being referred to in the preparation of the Bill: Pages iu to ix explain general background matters that are relevant to the Bill: Pages ix and x explain the general approach to the preparation of the Bill: 11 Pages x to xii explain the course that is being followed in determining what Imperial enactments should be preserved in New Zealand: Pages xii to xvid explain the detailed provisions of the Bill: Pages xix to li set out 3 Appendices ( A to C) that are intended, when complete, to give particulars in relation to all Imperial enactments that call for comment in the context of the Bill. Appendix A will list, in the first column, all Imperial enactments that are being mentioned in the Bill or in concurrent related legislation, or that call for explanation for any reason; also all Imperial enactments known to have been repealed, and all Imperial enactments that are at this stage reserved for further study. References to enactments that are for the time being so reserved are shown in italics in the said first column. Columns 2 and 3 of Appendix A indicate how the Imperial enactments mentioned in that Appendix (other than those reserved for further study) are being or have been affected by the Bill or other legislation, and indicate the provisions by which they are being or have been so affected. Column 4 of Appendix A indicates the relevant other Appendix in cases where a fuller explanation is given in Appendix B or Appendix C. Appendix B explains each Imperial enactment that is being preserved in its original form or an amended form. In cases of substituted enactments, the corresponding explanation appears in relation to the clause of the Bill that provides for the substitution. Appendix C gives an explanation of certain Imperial enactments to which clause 7 (1) relates. This provides that, apart from the preserved enactments, no Imperial enactments passed before the commencement of this Bill shall be in force after the commencement of the Bill. Material Referred to in Preparation of Bill The drafting of the Bill has involved much reference to New Zealand Acts and ordinances and to Imperial enactments. In relation to New Zealand Acts and ordinances, the course followed has been to use a fairly completely annotated set of these held in the Parlia- mentary Counsel Office. In connection with Imperial enactments, the course followed has been to turn in the first instance to an unannotated first edition of the collection known as the Statutes Revised, and (since 1870) to unannotated volumes of the Public General Acts of the United Kingdom. The said edition of the Statutes Revised shows Imperial enactments as they stood at the end of the U.K. Parliamentary session of 1870 (33 and 34 Vic.). The collection does not include the many Imperial enactments repealed in the United Kingdom between 1840 and 1870. Some of these are or have been in force in New Zealand. So far as they had to be consulted they were available from the Parliamentary Library in the following collections, namely, Ruffhead's Edition known as "Statutes at Large" (which began to appear in 1769), and the earlier "Statutes of the Realm" (which extended to the end of the reign of Queen Anne in 1713). Considerable assistance is being derived from the following additional material: 111 The English Chronological Table of the Statutes The edition that is being used was published in 2 volumes by Her Majesty's Stationery Office in London in 1979, and covers the period from 1235 to 1977. This Table lists all Imperial Acts that had been in force in England at any time since the first Act of Parliament was passed in England in 1235 and before the end of 1977. It shows in each case what has happened to the Act so far as it relates to England. An additional Table at the beginning of Volume 1 shows variances in the references to the early Imperial Acts in different published editions thereof. Material Relating to the Australian State of Victoria This comprises: (a) The Imperial Acts Application Act 1922, No. 3270 (Vic.) ; the explana- tory paper prepared in conjunction with the Bill that preceded that Act; and the report on the Bill of the Joint Select Committee for the Bill. The Bill and explanatory note were the culmination of an extended period of careful work by the late Sir Leo Cussen, a Judge of the Supreme Court of Victoria. (b) The Report by Mrs Gretchen Kewley published in Victoria in 1974-75 on the said Imperial Acts Application Act 1922, which Report is referred to in this explanatory note as the 1974-75 Report of Victoria. (c) The Report on the 1974-75 Report of Victoria made by the Statute Law Revision Committee of Victoria in 1978, which 1978 Report is referred to in this explanatory note as the 1978 Report of Victoria. (d) The Imperial Law Re-enactment Act 1980, No. 9407 (Vic.), and the Imperial Acts Application Act 1980, No. 9426 (Vic.), which both arose out of the 1974-75 and 1978 Reports of Victoria. Material Relating to the Australian State of New South Wales This comprises: (a) The 1967 Report of the Law Reform Commission of New South Wales on the application of English Acts, which Report is referred to in this explanatory note as the 1967 Report of New South Wales. (b) The Imperial Acts Application Act 1969 (N.S.W.), which Act arose out of the last-mentioned Report. Material Relating to the Australian Capital Territory This comprises the Report made by the Law Reform Commission of the Australian Capital Territory on the Imperial Acts in force in that Territory. This Report was published in 1973 in place No. 4 of Volume 7 of the Parliamentary Papers of the Commonwealth of Australia, and is referred to in this explanatory note as the 1973 Report of the Australian Capital Territory.
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