Imperial Laws Application Act 1988

Reprint
as at 26 March 2015

Coat of Arms of New Zealand

Imperial Laws Application Act 1988

Public Act1988 No 112
Date of assent28 July 1988
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


An Act to specify the extent to which Imperial enactments, Imperial subordinate legislation, and the common law of England are part of the laws of New Zealand

1 Short Title and commencement
  • (1) This Act may be cited as the Imperial Laws Application Act 1988.

    (2) This Act shall come into force on 1 January 1989.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Imperial enactment means any Act of the Parliament of England, or of the Parliament of Great Britain, or of the Parliament of the United Kingdom; but does not include any Imperial subordinate legislation

    Imperial subordinate legislation means any Order in Council, regulation, or other legislative instrument made under any Imperial enactment; and includes the Letters Patent listed in Schedule 2.

3 Application of Imperial enactments and Imperial subordinate legislation as part of laws of New Zealand
  • (1) The Imperial enactments listed in Schedule 1, and the Imperial subordinate legislation listed in Schedule 2, are hereby declared to be part of the laws of New Zealand.

    (2) After the commencement of this Act, every provision of the Imperial enactments and Imperial subordinate legislation referred to in subsection (1) shall have the same effect as part of the laws of New Zealand as it had immediately before the commencement of this Act.

    (3) Notwithstanding anything in subsection (2), it is hereby declared that the Accession Declaration Act 1910 (UK) came into force in New Zealand on 3 August 1910 (being the date on which it received the Royal assent).

    (4) [Repealed]

    (5) Subject to section 6, the declaration, by subsection (1), that the Imperial subordinate legislation listed in Schedule 2 is part of the laws of New Zealand is without prejudice to any power to amend or revoke that Imperial subordinate legislation, or to declare that it shall cease to have effect as part of the laws of New Zealand.

    (6) Where—

    • (a) any Imperial subordinate legislation listed in Schedule 2 is revoked; or

    • (b) it is declared that any such Imperial subordinate legislation shall cease to have effect as part of the laws of New Zealand,—

    the Governor-General may, by Order in Council, make such consequential amendments to that schedule as may be necessary to give effect to that revocation or declaration.

    (7) An Order in Council made under subsection (6) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

    Section 3(4): repealed, on 1 November 1999, by section 37 of the Interpretation Act 1999 (1999 No 85).

    Section 3(7): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

4 Other Imperial enactments and Imperial subordinate legislation not part of laws of New Zealand
  • (1) After the commencement of this Act, no Imperial enactments passed before the commencement of this Act (other than those listed in Schedule 1), and, subject to subsection (2), no Imperial subordinate legislation made before the commencement of this Act (other than that listed in Schedule 2), shall be part of the laws of New Zealand.

    (2) Nothing in subsection (1) applies in respect of any Order in Council made under the provisions of the Extradition Acts 1870 to 1935 of the United Kingdom Parliament and that had effect as part of the laws of New Zealand immediately before the commencement of this Act by virtue of section 21 of the Extradition Act 1965 and is continued in effect by section 104(2) of the Extradition Act 1999.

    (3) Nothing in subsection (1) affects the question whether any provision of any Imperial enactment or Imperial subordinate legislation was part of the laws of New Zealand at any time before the commencement of this Act.

    (4) Where any Imperial enactment or any Imperial subordinate legislation ceases, on the commencement of this Act, to be part of the laws of New Zealand, the Acts Interpretation Act 1924 shall apply,—

    • (a) in the case of an Imperial enactment, as it would apply on the repeal of an Act of the Parliament of New Zealand:

    • (b) in the case of any Imperial subordinate legislation, as it would apply on the revocation of a regulation made under the authority of any such Act.

    Section 4(2): amended, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55).

5 Application of common law of England
  • After the commencement of this Act, the common law of England (including the principles and rules of equity), so far as it was part of the laws of New Zealand immediately before the commencement of this Act, shall continue to be part of the laws of New Zealand.

    Compare: 1908 No 55 s 2

6 Power to make subordinate legislation under Imperial enactments part of laws of New Zealand
  • (1) Where, after the commencement of this Act, any Imperial enactment that is part of the laws of New Zealand confers power on the Sovereign to make subordinate legislation,—

    • (a) any subordinate legislation that is made, after the commencement of this Act, pursuant to that power and that purports to have effect as part of the laws of New Zealand shall have such effect,—

      • (i) in the case of subordinate legislation that relates to the Judicial Committee of the Privy Council (other than any such subordinate legislation that relates solely to New Zealand), if it is made by the Sovereign in his or her Privy Council, or by the Sovereign acting by and with the advice and consent of the Executive Council:

      • (ii) in any other case, if it is made by the Sovereign in right of New Zealand acting by and with the advice and consent of the Executive Council:

    • (b) the Governor-General in Council shall have and may exercise that power for the purpose of making subordinate legislation that has effect as part of the laws of New Zealand.

    (2) Except as provided by subsection (1), no Imperial subordinate legislation made after the commencement of this Act shall have effect as part of the laws of New Zealand.

7 Repeal
  • The English Laws Act 1908 is hereby repealed.


Schedule 1
Imperial enactments in force in New Zealand

s 3(1)

Constitutional enactments

(1275) 3 Edw 1, c 1—(Statutes of Westminster the First): so much of that Act as is stated in the words The King willeth and commandeth ... that common right be done to all, as well poor as rich, without respect of persons., [being the English translation of part of the authentic text of that Act as it appears in the edition called Statutes of the Realm].

(1297) 25 Edw 1 (Magna Carta), c 29.

(1351) 25 Edw 3, St 5, c 4.

(1354) 28 Edw 3, c 3.

(1368) 42 Edw 3, c 3.

(1627) 3 Cha 1, c 1—Petition of Right.

(1688) 1 Will and Mar, Sess 2, c 2—Bill of Rights 1688: the Title and Preamble, section 1 [the ninth article of which must be taken to have, in addition to any other operation, the effect specified in section 9 of the Parliamentary Privilege Act 2014, and as amended by section 62 of the Juries Act 1825 (6 Geo 4, c 50) and section 10 of the Royal Succession Act 2013], and section 2.

(1700) 12 and 13 Will 3, c 2—Act of Settlement 1700: the Title and Preamble (as amended by section 11(a) of the Royal Succession Act 2013), section 1, section 2 [as amended by the Accession Declaration Act 1910 (10 Edw 7 and 1 Geo 5, c 29) (and section 11(b) of the Royal Succession Act 2013)], and section 3 [omitting all the words after the words the Church of England as by law established].

(1910) 10 Edw 7 and 1 Geo 5, c 29—Accession Declaration Act 1910.

Enactments relating to habeas corpus

Items repealed.

Enactments relating to property

Heading and items repealed.

Enactments relating to boundaries

(1863) 26 and 27 Vict, c 23—New Zealand Boundaries Act 1863: the Preamble and section 2.

(1887) 50 and 51 Vict, c 54—British Settlements Act 1887.

(1945) 9 Geo 6, c 7—British Settlements Act 1945.

Enactments relating to the Judicial Committee of the Privy Council

Heading and items repealed.

Enactments relating to Prize

(1864) 27 and 28 Vict, c 25—Naval Prize Act 1864: the Title, Preamble, sections 1 to 3, 10 to 12, and 14 to 56.

(1894) 57 and 58 Vict, c 39—Prize Courts Act 1894.

(1914) 4 and 5 Geo 5, c 13—Prize Courts (Procedure) Act 1914.

(1915) 5 and 6 Geo 5, c 57—Prize Courts Act 1915.

(1916) 6 and 7 Geo 5, c 2—Naval Prize (Procedure) Act 1916.

(1939) 2 and 3 Geo 6, c 65—Prize Act 1939.

Other enactments

(1728) 2 Geo 2, c 22 (Set-off): the Title and section 13.

(1734) 8 Geo 2, c 24 (Set-off): the Title and sections 4 and 5.

(1750) 24 Geo 2, c 23—Calendar (New Style) Act 1750: the Title, Preamble, section 1 [omitting the words in Europe, Asia, Africa, and America, and all the words after bear date according to the said new method of supputation], and section 2.

Items omitted.

(1837) 7 Will 4 and 1 Vict, c 26—Wills Act 1837: sections 1, 3, 6, 9, 10, 13 to 31, and 33, for persons who die before 1 November 2007.

(1852) 15 and 16 Vict, c 24—Wills Act Amendment Act 1852: sections 1, 3, and 4, for persons who die before 1 November 2007.

Items omitted.

  • Schedule 1 Constitutional enactments: (1688) 1 Will and Mar, Sess 2, c 2—Bill of Rights 1688: amended, at 1 pm on 26 March 2015, by section 13(2)(a) of the Royal Succession Act 2013 (2013 No 149).

  • Schedule 1 Constitutional enactments: (1688) 1 Will and Mar, Sess 2, c 2—Bill of Rights 1688: amended, on 8 August 2014, by section 36 of the Parliamentary Privilege Act 2014 (2014 No 58).

  • Schedule 1 Constitutional enactments: (1700) 12 and 13 Will 3, c 2—Act of Settlement 1700: amended, at 1 pm on 26 March 2015, by section 13(2)(b)(i) of the Royal Succession Act 2013 (2013 No 149).

  • Schedule 1 Constitutional enactments: (1700) 12 and 13 Will 3, c 2—Act of Settlement 1700: amended, at 1 pm on 26 March 2015, by section 13(2)(b)(ii) of the Royal Succession Act 2013 (2013 No 149).

  • Schedule 1 Constitutional enactments: (1772) 12 Geo 3, c 11—Royal Marriages Act 1772: repealed, at 1 pm on 26 March 2015, by section 13(2)(c) of the Royal Succession Act 2013 (2013 No 149).

  • Schedule 1 Enactments relating to habeas corpus: (1640) 16 Cha 1, c 10—Habeas Corpus Act 1640: section 6 repealed, on 26 May 2001, by section 22(2) of the Habeas Corpus Act 2001 (2001 No 31).

  • Schedule 1 Enactments relating to habeas corpus: (1679) 31 Cha 2, c 2—Habeas Corpus Act 1679: sections 1–11 repealed, on 26 May 2001, by section 22(2) of the Habeas Corpus Act 2001 (2001 No 31).

  • Schedule 1 Enactments relating to habeas corpus: (1816) 56 Geo 3, c 100—Habeas Corpus Act 1816 repealed, on 26 May 2001, by section 22(2) of the Habeas Corpus Act 2001 (2001 No 31).

  • Schedule 1 Enactments relating to property heading: repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1267) 52 Hen 3 (The Statute of Marlborough), c 23 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1289–90) 18 Edw 1, St 1—(Quia Emptores), c 1, c 3 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1539) 31 Hen 8, c 1—Partition Act 1539 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1540) 32 Hen 8, c 32—Partition Act 1540 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1540) 32 Hen 8, c 34—Grantees of Reversions Act 1540: except section 3 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1689) 2 Will and Mar, Sess 1, c 5—Distress Act 1689: except sections 3 and 4 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1705) 4 and 5 Anne, c 3—Administration of Justice Act 1705: sections 9 and 10 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1709) 8 Anne, c 18—Landlord and Tenant Act 1709: sections 1, 4, 6, and 7 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1730) 4 Geo 2, c 28—Landlord and Tenant Act 1730: sections 2, 4, 5, and 6 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1737) 11 Geo 2, c 19—Distress for Rent Act 1737: sections 1, 2, 7, 8, 11, 14, 16, and 17 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1832) 2 and 3 Will 4, c 71—Prescription Act 1832: sections 1, 2, and 4–8 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to property: (1851) 14 and 15 Vict, c 25—Landlord and Tenant Act 1851: sections 1–4 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council heading: repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1833) 3 and 4 Will 4, c 41—Judicial Committee Act 1833: section 1 [as amended by section 1 of the Statute Law Revision Act 1874 (37 and 38 Vict, c 35) and section 1 of the Statute Law Revision (No 2) Act 1888 (51 and 52 Vict, c 57)], section 3, section 5 [as amended by section 16 of the Court of Chancery Act 1851 (14 and 15 Vict, c 83)], and sections 6–9, 11–13, 15–21, 23, 24, and 28 [as amended by section 6 of the Judicial Committee Act 1843 (6 and 7 Vict, c 38)] repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1844) 7 and 8 Vict, c 69—Judicial Committee Act 1844: sections 1 and 8 repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1851) 14 and 15 Vict, c 83—Court of Chancery Act 1851: section 16 [as amended by section 1 of the Statute Law Revision Act 1875 (38 and 39 Vict, c 66)] repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1853) 16 and 17 Vict, c 85—Privy Council Registrar Act 1853 repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1876) 39 and 40 Vict, c 59—Appellate Jurisdiction Act 1876: the final paragraph of section 6 repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1881) 44 and 45 Vict, c 3—Judicial Committee Act 1881 repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1887) 50 and 51 Vict, c 70—Appellate Jurisdiction Act 1887: sections 3 and 5 repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1895) 58 and 59 Vict, c 44—Judicial Committee Amendment Act 1895 [as amended by section 3 of the Appellate Jurisdiction Act 1913 (3 and 4 Geo 5, c 21) and section 13 of the Administration of Justice Act 1928 (UK)] repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1908) 8 Edw 7, c 51—Appellate Jurisdiction Act 1908: sections 1, 3(1), 4, 5, and 7 repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to the Judicial Committee of the Privy Council: (1915) 5 and 6 Geo 5, c 92—Judicial Committee Act 1915 repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Enactments relating to Prize: Naval Prize Act 1864 amended, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 1 Other enactments: (1774) 14 Geo 3, c 78—Fires Prevention (Metropolis) Act 1774: section 83, and section 86 [as amended by the Statute Law Revision Act 1861 (24 and 25 Vict, c 101)] repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Other enactments: (1828) 9 Geo 4, c 14—Statute of Frauds Amendment Act 1828: section 6 repealed, on 1 January 2008, by section 365(4) of the Property Law Act 2007 (2007 No 91).

  • Schedule 1 Other enactments: Wills Act 1837 amended, on 1 November 2007, by section 39(1) of the Wills Act 2007 (2007 No 36).

  • Schedule 1 Other enactments: Wills Act Amendment Act 1852 amended, on 1 November 2007, by section 39(2) of the Wills Act 2007 (2007 No 36).

  • Schedule 1 Other enactments: (1881) 44 and 45 Vict, c 69—Fugitive Offenders Act 1881, except sections 11, 20, 21, 23, 25, 27, 32, 36, and 38 repealed, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55).

  • Schedule 1 Other enactments: (1915) 5 and 6 Geo 5, c 39—Fugitive Offenders (Protected States) Act 1915 repealed, on 1 September 1999, by section 111 of the Extradition Act 1999 (1999 No 55).


Schedule 2
Imperial subordinate legislation in force in New Zealand

Imperial subordinate legislation relating to boundaries

1887—Letters Patent, dated 18 January 1887, passed under the Great Seal of the United Kingdom for the Annexation of certain Islands known as the Kermadec Group to the Colony of New Zealand (SR & O and SI Rev 1948, Vol XVI, 861; Gazette 1887, Vol 1, p 433).

1901 No 531—Order in Council altering the boundaries of the Colony of New Zealand (by including the Cook Group) (SR & O and SI Rev 1948, Vol XVI, 862; Gazette 1901, Vol 1, p 1307).

1923 No 974—Order in Council providing for the Government of the Ross Dependency (SR & O and SI Rev 1948, Vol XVI, 865; Gazette 1923, Vol II, p 2211).

Orders in Council relating to the Judicial Committee of the Privy Council

Heading and items repealed.

Order in Council relating to Prize

Heading and item repealed.

Order in Council relating to merchant shipping

Heading and item repealed.

Order in Council relating to fugitive offenders

1925 No 1031—Order in Council applying Part 2 of the Fugitive Offenders Act 1881 to New Zealand (SR & O and SI Rev 1948, Vol IX, 534; Gazette 1926, Vol 1, p 77).

  • Schedule 2 Orders in Council relating to the Judicial Committee of the Privy Council heading: repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 2 Orders in Council relating to the Judicial Committee of the Privy Council: 1909 No 1228—Order in Council making continuing order directing that all Appeals to His Majesty in Council shall be referred to the Judicial Committee (SR & O and SI Rev 1948, Vol XI, 205) repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 2 Orders in Council relating to the Judicial Committee of the Privy Council: 1910 No 70 (L3)—New Zealand (Appeals to the Privy Council) Order 1910 (SR & O and SI Rev 1948, Vol XI, 409; SR 1973/181) repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 2 Orders in Council relating to the Judicial Committee of the Privy Council: 1972 No 1994—New Zealand (Appeals to the Privy Council) (Amendment) Order 1972 (SI 1972/1994; SR 1973/181) repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 2 Orders in Council relating to the Judicial Committee of the Privy Council: 1982 No 1676—Judicial Committee (General Appellate Jurisdiction) Rules Order 1982 (SI 1982/1676) repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 2 Order in Council relating to Prize heading: repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 2 Order in Council relating to Prize: 1939 No 1466 (L23)—Prize Court Rules 1939 (SR & O and SI Rev 1948, Vol XVIII, 561) repealed, on 1 January 2004, by section 48(1) of the Supreme Court Act 2003 (2003 No 53).

  • Schedule 2 Order in Council relating to merchant shipping heading: repealed, on 29 October 1992, by section 88(2) of the Ship Registration Act 1992 (1992 No 89).

  • Schedule 2 Order in Council relating to merchant shipping: 1946 No 1086—Merchant Shipping (Registration of New Zealand Government Ships) Order 1946 (SR & O and SI Rev 1948, Vol XIV, 78; SR 1946/174) repealed, on 29 October 1992, by section 88(2) of the Ship Registration Act 1992 (1992 No 89).


Wills Act 2007

Public Act2007 No 36
Date of assent28 August 2007
Commencementsee section 2
1 Title
2 Commencement
  • This Act comes into force on 1 November 2007.

Part 2
Wills

Subpart 4Transitional and amendment provisions

39 Wills of persons who die before 1 November 2007
  • (1), (2) Amendment(s) incorporated in the Act(s).

    (3) Amendments to the Wills Act 1837 of the United Kingdom Parliament made by the New Zealand Parliament and in force when this Act commences continue to apply to the wills of persons who die before 1 November 2007.


Reprints notes
1 General
  • This is a reprint of the Imperial Laws Application Act 1988 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint