Niue Constitution Act 1974

36 New Zealand Parliament not to legislate for Niue, and New Zealand subordinate legislation not to apply to Niue, except with consent
  • (1) No Act, and no provision of any Act, of the Parliament of New Zealand passed on or after Constitution Day shall extend to Niue as part of the law of Niue, unless—

    • (a) The passing of that Act or the making of that provision, so far as it extends to Niue, has been requested and consented to by resolution of the Niue Assembly; and

    • (b) It is expressly declared in that Act that the Niue Assembly has requested and consented to the enactment of that Act or of that provision.

    (2) No subordinate legislation made after Constitution Day pursuant to any Act of the Parliament of New Zealand shall extend to Niue as part of the law of Niue unless—

    • (a) At the date of its making, the Act pursuant to which that subordinate legislation was made extends to Niue as part of the law of Niue; and

    • (b) The extension to Niue of that subordinate legislation has been requested and consented to by the Cabinet of Ministers of Niue; and

    • (c) It is expressly declared in that subordinate legislation that the Cabinet of Ministers of Niue has requested and consented to that extension.

    (3) Any Act of the Parliament of New Zealand which, pursuant to this Article, extends to Niue as part of the law of Niue, shall have the same force and effect as if it were an Act of the Niue Assembly.

    (4) In this Article the term subordinate legislation means any Order in Council, Proclamation, regulations, rules, or other subordinate legislation.