Tokelau Act 1948

  • This version was replaced on 2 May 2017 to make a correction to section 4AA(4)(c)(ii) under section 25(1)(j)(iii) of the Legislation Act 2012.
4B Application of common law of England

(1)

After the commencement of this section, English common law (including the principles and rules of equity) for the time being shall be in force in Tokelau, except to the extent—

(a)

that it is excluded by any other enactment in force in Tokelau; or

(b)

that it is inapplicable to the circumstances of Tokelau.

(2)

The law referred to in subsection (1) shall have effect in Tokelau in place of the common law (including the principles and rules of equity) that applied in Tokelau immediately before the commencement of this section, but nothing in this section shall affect—

(a)

the validity, invalidity, effect, or consequences of anything done or suffered before the date of the commencement of this section; or

(b)

any status or capacity existing immediately before that date; or

(c)

any right, interest, or title acquired, accrued, or established before that date, or any remedy or proceeding in respect of any such matter.

Section 4B: inserted, on 1 August 1996, by section 4 of the Tokelau Amendment Act 1996 (1996 No 31).