LAWS121 Tutorial 2

Term
1 / 13
What did the English Laws Act 1858 do?
Click the card to flip 👆
Terms in this set (13)
What did the English Laws Act 1858 do?
New Zealand inherited all laws of England (14th January 1840)
What was the significance of the English Laws Act 1858?
- When the NZ law system started to work like Britain. Maori customary law was swept aside and english case law.
- Symbolised Britain's dominance in NZ. This piece of legislation ignored the Treaty of Waitangi (Was not incorporated into this legislation) Meant NZ became a mini version of British legal system
What is codification?
putting all common law (cases create precedents — Legislation and statute is the same you can use it interchangeably) into one legislation
What are 2 examples of codification in NZ?
- Crimes Act 1961
- RMA 1991 (did the same for environmental law)
What are some examples of legislation that shows NZ is a unique nation?

ALSO DONT FORGET TO SAY WHY WE ARE UNIQUE EG CITE WHEN BRITAIN/US/AUS GOT THEIRS ECT
- Unique welfare state
- Codification
- ACC Scheme
- Constitution [wholly unique in our law making ability]
- Indigenous Rights
- Law Reform (4th labour government (liberal) makes us unique as we were progressive and unique in comparative to the rest of the world.)
What is the Act that created our unique welfare state?
Social Security Act 1938
What is the Acts that were codified?
- Crimes Act 1961
- RMA 1991 (did the same for environmental law)
What was the act that created the ACC scheme?
AC Act 1972
What were the acts that made our constitution wholly unique in our law making ability?
- Legislative Council Ab Act 1950 - unicameral state

- Constitution Act 1986, request and consent

- Statute of Westminster adoption Act 1947 = right of self government
What were the acts that showed our indigenous rights were unique to NZ?
- Treaty of Waiting Act 1975 - established the Waitangi Tribunal no other countries has an entire tribunal dedicated to redressing land money honour apologies ect

- Maori Affairs Amendment Act 1967

- Te Ture Whenua Maori Act 1993 - helped Maori retain land
What were the acts in law reform that showed NZ as a unique nation?- Homosexual Law Reform Act 1986 - Arms Control Act 1987What is case law?"case law" is a near-exact synonym for "common law". eg Case law is a set of past rulings by tribunals that meet their respective jurisdictions' rules to be cited as precedent. In common law countries the term is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions.What are some case laws that played a role in NZ developing a unique and independent legal system since 1840?- R v Maketu 1842 - R v Symonds 1847 - Wi Parata 1877 - Nireaha Tamaki v Baker - Wallis v solicitor general - Corbett v Social Security Commission 1962 - Fitzgerald v Muldoon 1976 - NZMC v AG (Attorney general) 1987 = one that established the treaties principles (there were 5) - AG v Ngati Apa 2003 = didnt give them customary rights but gave ability to test for them