Nz Legal History

Revisions to the first edition incorporated new research and historical documents on the legal history of Maori land disposal, the Native Land Court, the Crown Purchase, consolidation plans and the history of Maori Land Boards. Administrative law techniques for reviewing the legality of state order were developed by the courts in the late 1960s. The Judiciary (Amendment) Act 1972 provides that “the exercise, refusal or exercise by a person of statutory power” may well be subject to judicial review by the High Court. The government of New Zealand is not above the law, but is subject to it. Couples – heterosexual or homosexual – can now register their relationship as a registered civil partnership. All New Zealand couples, whether married, in registered partnership or common-law partnership, now have the same legal rights and obligations. Learn more. Although the treaty was never incorporated into New Zealand local law,[3] its provisions had already been transposed into the Act in the Land Claims Ordinance 1841 and the Native Rights Act 1865. [4] However, in Wi Parata v.

Bishop of Wellington in 1877, Justice Prendergast held that the treaty was a “mere nullity” with respect to the transfer of Maori sovereignty to the United Kingdom. [5] This remained the legal orthodoxy at least until the 1970s. [6] Maori have since argued that Prendergast`s decision, and the laws based on it later, were a politically convenient and deliberate ploy to legitimize the confiscation of Maori land and other resources. [7] It is widely accepted that the Treaty of Waitangi, signed in 1840, established British law in New Zealand. There are many problems with this theory. First, the Maori and English versions of the treaty are fundamentally different. The English version confers sovereignty on Queen Victoria (in the first clause) and grants the Maori the rights of British subjects (in the third clause). Although no legal system is explicitly mentioned in the treaty, these two clauses seem to imply that British law would be introduced into New Zealand. However, the Maori version states that Victoria receives kawanatanga (governorship), while chiefs retain tino rangatiratanga (absolute chieftaincy) in the second clause, unlike the property rights promised in the English version.

Although the third section of the Maori version states that the Queen would treat the Maori in the same way as the people of England, many historians argue that the Māori believed that the new governor would exercise power only over Europeans and that chiefs would continue to rule over the Maori. In the eyes of some modern Maori, New Zealand`s legal system is invalid because it violates the treaty`s promise to be tino rangatiratanga (chief). Legal aid is available in New Zealand for people who cannot afford to pay for their own legal services. This type of legal aid applies to both civil and criminal cases. The main objective of the Legal Services Act 2011 was to make legal aid more effective by facilitating access to justice. The law sought to control the cost of the legal system by providing a system of public defense. This issue also included comments on staff changes at the District Court, the new Chief Justice, the new President of the Court of Appeal, developments related to the Privy Council and possible changes to the District and New Zealand Bar Associations and Queen`s Counsel in terms of professional responsibilities and legal ethics. The country of New Zealand has a strong adherence to the rule of law, which is often an ally for deep and long-standing legal traditions. The law in this country is widely accepted by all communities and causes little or no controversy. New Zealand`s courts enjoy a reputation for integrity, fairness and impartial judgment. The New Zealand legal system is heavily based on English law and remains similar in many respects.

As in all common law countries, English law is organized around the doctrines of precedent (how cases should be decided equally) and stare decisis. [22] [23] These principles dictate that lower courts must follow the decisions of higher courts in the judicial hierarchy. This promotes consistency in decision-making. [22] A New Zealand Legal History 2nd Edition provides a summary of the most important historical themes in New Zealand`s legal development since European colonization. Particular attention is paid to four key issues: The treaty finally received limited recognition in 1975 with the enactment of the Treaty of Waitangi Act 1975, which created the Waitangi Tribunal but initially had very limited powers to make findings of fact and recommendations. [8] The Act was amended in 1985 to investigate offences committed up to 1840,[8] and to increase the number of members of the Court. The number of members was further increased in 1988 by a further amendment. [9] Laws are passed by Parliament but interpreted by court judges. These interpretations of the law are considered the primary task of the judicial function.

The 1999 interpretative act contains the rules for interpreting the statutes. The fundamental rights and freedoms set out in the International Covenant on Civil and Political Rights are reaffirmed in the New Zealand Bill of Rights Act 1990. The Bill of Rights is not considered the highest law in the land, but judges must often interpret laws in a manner consistent with the Bill of Rights. New Zealand courts have the power to declare laws passed by Parliament unconstitutional and to repeal them. New Zealand`s judiciary was generally regarded as independent and non-corrupt, although it was not always impartial. Until a few years ago they played a very minor role in the development of the law, and until 1966 they were said to “generally follow English decisions conscientiously.” [19] In the 1980s, the judiciary played an important role in redefining the constitutional status of the Treaty of Waitangi. An annotated index to New Zealand`s war laws and regulations 1914-21 As Minister for Maori Affairs in the 1960s, Ralph Hanan generally showed an understanding of Maori interests and aspirations. When New Zealanders go to the polls on 26 November 2011, they will continue a 158-year tradition of parliamentary democracy in that country. Politics may have changed beyond recognition since 1853, but the cutting and direction of the campaign, the power of advertising, and the drama of election day remain more relevant than ever. The Ministry of Justice is responsible for appointing the staff and services of the New Zealand courts. Citizens who fail to obey court orders are subject to severe penalties under the law for contempt of court.

In 1865, an Native Land Court was established to “define Maori land rights according to Maori custom and translate these customary rights or titles into land titles recognized by European law”. [18] It has since been heavily criticized for being used as a means of driving Maori off their land. Some of the problems lay in the court itself – they held trials in English and in towns far from the Maori colonies, judges with insufficient knowledge of Maori customs – while others had more to do with the laws it applied. For example, for many decades, the land law did not recognize that an entire hapu owned its land, and land ownership was placed in the hands of a few people. In 1954 it was renamed Māori Land Court and has been fundamentally reformed since the nineteenth century. Until the mid-twentieth century, it also dealt with Maori adoptions. On Sunday, April 2, 1916, 57 policemen broke into the Ngāi Tūhoe settlement of Maungapōhatu in the Urewera Mountains. Learn more.

A Supreme Court was established in 1841 (it was renamed the High Court in 1980 and is separate from today`s Supreme Court), and various lower courts were subsequently established.

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