Imperial Laws Application Act 1988

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 Imperial subordinate legislation 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 Schedule 2
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
4:
5: Subject to section 6 Schedule 2
6: Where—
a: any Imperial subordinate legislation listed in Schedule 2
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 under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(4) repealed 1 November 1999 section 37 Interpretation Act 1999 Section 3(7) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
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 Schedule 2
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)
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: Section 4(2) amended 1 September 1999 section 111 Extradition Act 1999 Section 4(4) repealed 28 October 2021 section 8 Legislation (Repeals and Amendments) Act 2019
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. 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.
6A: Application of Legislation Act 2019 to Imperial legislation
1: For the purposes of the Legislation Act 2019 Act
2: For the purposes of the Legislation Act 2019 secondary legislation see Legislation Act 2019
3: For the purposes of applying the Legislation Act 2019
a: if the effect of the Imperial enactment or Imperial subordinate legislation, as part of the laws of New Zealand, is modified, the modification must be treated as an amendment:
b: if the Imperial enactment or Imperial subordinate legislation ceases to have effect, as part of the laws of New Zealand, the cessation must be treated as a repeal or revocation:
c: an order made under section 82
i: does not revoke it; but
ii: declares that it ceases to have effect as part of the laws of New Zealand.
4: Subsections (1) to (3) apply unless—
a: the legislation provides otherwise; or
b: the context of the legislation requires a different interpretation. Section 6A inserted 28 October 2021 section 9 Legislation (Repeals and Amendments) Act 2019
7: Repeal
The English Laws Act 1908 is hereby repealed.