Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698848113715.pdf (New Zealand)
Imperial Laws Application Act 1988 Public Act Date of assent 1988 No 112 28 July 1988 Contents Title Short Title and commencement Interpretation Application of Imperial enactments and Imperial subordinate legislation as part of laws of New Zealand Other Imperial enactments and Imperial subordinate legislation not part of laws of New Zealand Application of common law of England Power to make subordinate legislation under Imperial enactments part of laws of New Zealand Repeal Schedule 1 Imperial enactments in force in New Zealand Schedule 2 Imperial subordinate legislation in force in New Zealand Page 1 1 2 2 3 4 4 5 5 8 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 BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) Short Title and commencement This Act may be cited as the Imperial Laws Application Act 1988.
Note This Act is administered in the Ministry of Justice.

1 s 2 Imperial Laws Application Act 1988 Reprinted as at 3 September 2007 (2) This Act shall come into force on the 1st day of 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 to this Act.
3 (1) Application of Imperial enactments and Imperial subordinate legislation as part of laws of New Zealand The Imperial enactments listed in Schedule 1 to this Act, and the Imperial subordinate legislation listed in Schedule 2 to this Act, 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) of this section 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) of this section, it is hereby declared that the Accession Declaration Act 1910 (UK) came into force in New Zealand on the 3rd day of August 1910 (being the date on which it received the royal assent).
(4) (5) Subject to section 6 of this Act, the declaration, by subsection (1) of this section, that the Imperial subordinate legislation listed in Schedule 2 to this Act 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 to this Act is revoked; or 2 Reprinted as at 3 September 2007 Imperial Laws Application Act 1988 s 4 (b) It is declared that any such Imperial subordinate legis­ lation shall cease to have effect as part of the laws of New Zealand,— the Governor­General may, by Order in Council, make such consequential amendments to that Schedule as may be necessary to give effect to that revocation or declaration.
Every Order in Council made under subsection (6) of this section is deemed to be a regulation for the purposes of the Acts and Regulations Publication Act 1989.

Subsection (4) was repealed, as from 1 November 1999, by section 37 Interpretation Act 1999 (1999 No 85).
(7) 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 to this Act), and, subject to subsection (2) of this section, no Imperial subordinate legislation made before the commencement of this Act (other than that listed in Schedule 2 to this Act), shall be part of the laws of New Zealand.
(2) Nothing in subsection (1) of this section 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) of this section 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,— 3 s 5 Imperial Laws Application Act 1988 Reprinted as at 3 September 2007 (a) (b) In the case of an Imperial enactment, as it would ap­ ply on the repeal of an Act of the Parliament of New Zealand: 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.
Subsection (2) was amended, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55) by inserting the words “and is continued in effect by section 104(2) of the Extradition Act 1999”.

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 Power to make subordinate legislation under Imperial enactments part of laws of New Zealand 5 6 (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: 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: (ii) (b) The Governor­General in Council shall have and may exercise that power for the purpose of making subor­ 4 Reprinted as at 3 September 2007 Imperial Laws Application Act 1988 Schedule 1 dinate legislation that has effect as part of the laws of New Zealand.
(2) Imperial this section, Except as provided by subsection (1) of the no commencement of this Act shall have effect as part of the laws of New Zealand.

legislation made subordinate after 7 Repeal The English Laws Act 1908 is hereby repealed.
Schedule 1 Imperial enactments in force in New Zealand Section 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—The Petition of Right.

(1688) 1 Will and Mar, Sess 2, c 2—The Bill of Rights 1688: the Title and Preamble, section 1 [as amended by section 62 of the Juries Act 1825 (6 Geo 4, c 50)], and section 2.
(1700) 12 and 13 Will 3, c 2—The Act of Settlement 1700: the Title and Preamble, section 1, section 2 [as amended by the Accession Declaration Act 1910 (10 Edw 7 and 1 Geo 5, c 29)], and section 3 [omitting all the words after the words “the Church of England as by law established”].

(1772) 12 Geo 3, c 11—The Royal Marriages Act 1772: sec­ tions 1 and 2.

5 Schedule 1 Imperial Laws Application Act 1988 Reprinted as at 3 September 2007 • (1910) 10 Edw 7 and I Geo 5, c 29—The Accession Declaration Act 1910.
Enactments relating to Habeas Corpus [Repealed] • • • Items relating to Habeas Corpus (Habeas Corpus Act 1640, Habeas Corpus Act 1679, and Habeas Corpus Act 1816) were repealed, as from 26 May 2001, by section 22(2) Habeas Corpus Act 2001 (2001 No 31).

See section 22(3) of that Act as to sections 17 to 19, and 21 of the Interpretation Act 1999 (1999 No 85) applying to those Acts as if they were Acts of the Parliament of New Zealand.
Enactments relating to property (1267) 52 Hen 3 (The Statute of Marlborough), c 23.

(1289­90) 18 Edw 1, St 1—(Quia Emptores), c 1, c 3.

(1539) 31 Hen 8, c 1—The Partition Act 1539.

(1540) 32 Hen 8, c 32—The Partition Act 1540.

(1540) 32 Hen 8, c 34—The Grantees of Reversions Act 1540, except section 3.

(1689) 2 Will and Mar, Sess 1, c 5—The Distress Act 1689, except sections 3 and 4.

(1705) 4 and 5 Anne, c 3—The Administration of Justice Act 1705: sections 9 and 10.
(1709) 8 Anne, c 18—The Landlord and Tenant Act 1709: sections 1, 4, 6, and 7.

(1730) 4 Geo 2, c 28—The Landlord and Tenant Act 1730: sections 2, 4, 5, and 6.

(1737) 11 Geo 2, c 19—The Distress for Rent Act 1737: sec­ tions 1, 2, 7, 8, 11, 14, 16, and 17.

(1832) 2 and 3 Will 4, c 71—The Prescription Act 1832: sec­ tions 1, 2, and 4 to 8.

(1851) 14 and 15 Vict, c 25—The Landlord and Tenant Act 1851: sections 1 to 4.
• • • • • • • • • • • • 6 Reprinted as at 3 September 2007 Imperial Laws Application Act 1988 Schedule 1 Enactments relating to boundaries • • • (1863) 26 and 27 Vict, c 23—The New Zealand Boundaries Act 1863: the Preamble and section 2.

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

(1945) 9 Geo 6, c 7—The British Settlements Act 1945.
Enactments relating to the Judicial Committee of the Privy Council [Repealed] The items relating to the Judicial Committee of the Privy Council, and the heading En­ actments Relating to the Judicial Committee of the Privy Council were repealed, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transitional and savings provisions.
Enactments relating to Prize • • • • • (1864) 27 and 28 Vict, c 25—The 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—The Prize Courts Act 1894.

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

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

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

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


• The item relating to the Naval Prize Act 1864 was amended, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53) by inserting the words “: the Title, Preamble, sections 1 to 3, 10 to 12, and 14 to 56”.

See sections 50 to 55 of that Act for the transitional and savings provisions.

Other enactments • • • (1728) 2 Geo 2, c 22 (Set­off): the Title and section 13.

(1734) 8 Geo 2, c 24 (Set­off): the Title and sections 4 and 5.
(1750) 24 Geo 2, c 23—The 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 7 Schedule 2 Imperial Laws Application Act 1988 Reprinted as at 3 September 2007 according to the said new method of supputation”], and section 2.

(1774) 14 Geo 3, c 78—The 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)].
(1828) 9 Geo 4, c 14—The Statute of Frauds Amendment Act 1828: section 6.

(1837) 7 Will 4 and 1 Vict, c 26—The Wills Act 1837: sections 1, 3, 6, 9, 10, 13 to 31, and 33.

(1852) 15 and 16 Vict, c 24—The Wills Act Amendment Act 1852: sections 1, 3, and 4.

• • • • • • Items relating to the Fugitive Offenders Act 1881 and the Fugitive Offenders (Protected States) Act 1915 were repealed, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).
Schedule 2 Imperial subordinate legislation in force in New Zealand This Schedule has been amended, as from 29 October 1992, by section 88(2) Ship Registration Act 1992 (1992 No 89) by omitting the item relating to the Merchant Shipping (Registration of New Zealand Government Ships) Order 1946 and the heading above that item.
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; Gaz 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; Gaz 1901, Vol 1, p 1307).
1923 No 974—Order in Council providing for the Govern­ ment of the Ross Dependency (SR & O and SI Rev 1948, Vol XVI, 865; Gaz 1923, Vol II, p 2211).
• • • 8 Reprinted as at 3 September 2007 Imperial Laws Application Act 1988 Schedule 2 Orders in Council relating to the Judicial Committee of the Privy Council [Repealed] The items relating to the Orders in Council relating to the Judicial Committee of the Privy Council, and the heading Orders in Council Relating to the Judicial Committee of the Privy Council were repealed, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).
See sections 50 to 55 of that Act for the transitional and savings provisions.

Order in Council relating to Prize [Repealed] The item relating to the Prize Court Rules 1939, and the heading Order in Council re­ lating to Prize were repealed, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53).

See sections 50 to 55 of that Act for the transitional and savings provisions.
Order in Council relating to fugitive offenders • 1925 No 1031—Order in Council applying Part 2 of the Fugi­ tive Offenders Act 1881 to New Zealand (SR & O and SI Rev 1948, Vol IX, 534; Gaz 1926, Vol 1, p 77).

9