Laws 121 - Test

Law 121 with Grant at Victoria University of Wellington

About this deck

By: Alasdair Macleod
Textbook:

Law Alive: The New Zealand Legal System in Context
Created: 2011-04-01
Size: 54 flashcards
Views: 321

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Constitution Act (Imp.)

1852 - Established New Zealand Constitutional Structure, allowed the New Zealand Parliament to make laws for "the peace, order and good governance of New Zealand' provided that they did not conflict with any British law

English Laws Act

1854 - Adopted all British law as of 14 January 1840

Colonial Laws Validity Act

1865 - Allowed the New Zealand Parliament to make laws that conflicted with British law so long as that the British law did not specifically apply to New Zealand

Provinces Abolished

1875 - Created a centralized state

Electoral Act

1893 - Universal suffrage

Industrial Conciliation and Arbitration Act

1894 - Created the Arbitration Court, all parties had to meet on a disagreement and if no solution was found it was referred to the Arbitration Court. (Similar to employment court proceedings)

Old Age Pension Act

1898 - Provided small amount to the deserving poor of a certain age, who could not look after themselves.

The Statute Of Westminster (Imp.)

1931 - Provided British Dominions with self governance

Social Security Act

1938 - Provided a comprehensive social welfare system that provided "cradle to the grave care".

Statute of Westminster Adoption Act

1947 - Allowed New Zealand to self governance, how UK could still legislate for NZ but only on the Parliaments consent.

New Zealand Constitution Amendment (Request and Consent) Act

1947 - Invoked section 4 of the Statute of Westminster, to amend the New Zealand Constitution Act 1852, so that the New Zealand Parliament could abolish the Legislative Council.

New Zealand Constitution Amendment Act (Imp.)

1947 - In response to the New Zealand Constitution Amendment (Request and Consent) Act 1947, allowed New Zealand to alter the New Zealand Constitution Act 1852

Legislative Council Abolition Act

1950 - Abolished the Legislative Council

Crimes Act

1961 - Codified criminal law

Corbett v Social Security Commission

1962 - Stated whenever a Privy Council decision conflicts with a House of Lord decision, the Privy Council will prevail.

Bognuda v Upton and Shearer Ltd

1972 - The Court of Appeal refused to ignore a House of Lords decision irrespective of any conflict with the Privy Council

Fitzgerald v Muldoon

1976 - The Court of Appeal over ruled a press statement declaring that the compulsory superannuation scheme was abolished, stating under section 1 of the Bill of Rights 1688 Muldoon's actions were illegal.

Accident Compensation Act

1972 - Suspended the tort of personal injury negligence and replaced it with a communal insurance scheme

Constitution Act

1986 - Defined the roles and powers of the Sovereign, Executive, Legislature, and the Judiciary

Imperial Laws Application Act

1988 - Removed unnecessary imperial law from New Zealand's statute books.

New Zealand Bill Of Rights Act

1990 - Outlined and the protects the personal liberties of citizens against that state. Not entrenched or supreme law

Resource Management Act

1991 - Codified environment law

Human Right Act

1993 - Protects basic human rights

Supreme Court Act

2003 - Removed the right to appeal to the Privy Council, instead created the Supreme Court as the top court in New Zealand's Court structure

Magna Carta

1215 - Binds the king to consult the nobility over things such as taxation, the right to be tried in front of a jury and a to have a role in national decision making

Statute of Westminster

1275 - Introduces the rule of law into legislation

Magnaq Carta Enacted

1297 - Protected the nobelity against abitary monarchical power

Act of Supremacy

1534 - Created the Church of England with the monarch as its head

Petition of Rights

1627 - Forerunner to the Bill of Rights 1688, stated that taxes can only be levied by Parliament, protections against arbitrary arrest, and stops martial law in peace time

Habeas Corpus Act

1640 - Protected the rights of people after arrest

Bushell's Case

1670 - Established the right of a jury to be free from judicial coersion

Bill of Rights

1688 - Guaranteed the rights of parliament and protected important personal liberties, as well as suspending the right of the monarch to suspend laws and raise taxes, as well as free and fair elections.

Entick v Carringtion

1765 - Protects the individual against unreasonable search and seizure

Judicature Acts

1873 and 1875 - reformed the complicated English judicial system, fusing the two common law and equity courts together creating the Supreme Court which governs both jurisdictions

Carlill v Carbolic Smoke Ball Co.

1893 - Defined the laws of contract

Salomon v Salomon and Co.

1897 - Protected the assets of the owner from creditors

Donoghue v Stevenson

1932 - Created the tort of personal negligance

Woolmington v Director of Public Prosecutions

1935 - Affirmed the right for the defendant to be innocent until proven guilty

R v Symonds

1847 - Affirmed the doctrine of native title. The case involved McIntosh who bought the land directly form Maori during the two year period when Gov. Fitzroy waived the pre-emption clause of the TOW and Symonds who brought the land with a crown grant

Wi Parata v Bishop of Wellington

1877 - Ngati Toa placed some land aside for a school, for the bishop. Gov. Fitzroy gave the bishop a crown grant. Prendergast CJ stated that it was an act of state and couldn't be over turned. and that since Maori had no body politic, Treaty was null

Nireaha Tamaki v Baker

1901 - Overturned the COA decision that there was no customary Maori law and said that the court did have the right to decide when land had been ceded to the Crown, somewhat overruling Wi Parata, Upholding R v Symonds in regard to native title

Hoani Te Heu Heu Tukino v Aotea Maori Land Board

1941 - Affirmed the Treaty's place in international law and recognized Maori as a sovereign group before 1840, however the Treaty has no affect in New Zealand because it is no included in domestic statute

New Zealand Maori Council v Attorney-General

1987 - Defined s9 of the state Owned enterprises Act 1986, which states the government should act in accord ace with the principles of the Treaty of Waitangi. Thus defined the principles

What are the principles of the Treaty

1) Active protection of Maori People

2) Partnership (fiduciary duty of the Crown to Maori)

3) Right to redress in an event of a Treaty breach

4) Right of the Crown to govern

5) Recognition of Maori rangatiratanga over lands and culture

New Zealand Settlements Act

1863 - Confiscation land from Maori who fought against the Crown/ but also from those who supported it

Native Lands Act (1st)

1862/1865 - Established the Native land Court which all Maori were required to appear before to provide proof of ownership over the land/ and then the land was transformed form communally owned land to individually owned land.

Maori Representation Act

1867 - Created suffrage for Maori men aged 18 for the 4 newly created Maori seats

Native Lands Act (2nd)

1909 - Meant that settlers could buy land directly from Maori for the first time since 1840, section 84

Treaty of Waitangi Act

1975 - Created the Waitangi Tribunal to investigate possible breaches by the government

Foreshore And Seabed Act

2004 - Vested the foreshore and seabed in Crown ownership, guaranteeing public access, removed the right of Maori to test in the courts of territorial customary rights, but protected the non-territorial ones such as fishing spots.

Wallis v Solicitor-General

1903 - Privy Council decision, Attacked the New Zealand judiciary, by saying what has the court got to do with the executive. Saying that it was in the jurisdiction of the court to decide whether or not the crown grant was legal

Te Weehi v Regional Fisheries Officer

1986 - Challenged Wi Parata for the first time, stating that as in R v Symonds that native title had to be recognized until extinguished. Overturning Te Weehi's conviction for undersized paua.

Cook's Discovery of New Zealand

1769

Declaration of Independence

1835 - Creates the United tribes of New Zealand, who asked the king for protection

About this deck

By: Alasdair Macleod
Textbook:

Law Alive: The New Zealand Legal System in Context
Created: 2011-04-01
Size: 54 flashcards
Views: 321

About StudyBlue

“I have used this website for three exams, and I see a huge difference in my test results.”
Naj