All types of books are banned in New Zealand – some temporarily, like Into the River – and others permanently. Although the treaty was never incorporated into New Zealand local law, its provisions had already been transposed into the Act in the Land Claims Ordinance 1841 and the Native Rights Act 1865.  However, in Wi Parata v. Bishop of Wellington in 1877, Justice Prendergast held that the treaty was a “mere nullity” with respect to the transfer of Maori sovereignty to the United Kingdom.  This remained the legal orthodoxy at least until the 1970s.  Maori have since argued that Prendergast`s decision, and the laws based on it later, were a politically convenient and deliberate ploy to legitimize the confiscation of Maori land and other resources.  Pay fees and tickets online, what happens if you don`t pay on time and how to dispute them. There are still a lot of unused laws that still make sense. No one has ever been charged with possessing a nuclear weapon, but it`s probably a good idea that it`s illegal. Whether you have uranium in the hangar or land in the Waitemata port area in Manukau you want to keep on the lookout for New Zealand`s strange laws! Each country has its own legal particularities and New Zealand is no different. The law also prohibits alcohol at Maori gatherings.
For some gatherings, you can get a license from a local Maori committee, but if the gathering is for a dance, then forget it, no license can be obtained. New Zealand is a signatory to a number of international human rights covenants, conventions and protocols. This means that New Zealand is required to implement these international standards through its laws. However, changes to our censorship laws mean that possession of an offensive publication – which was only a financial offence as recently as 2005 – can now be punished by up to 10 years in prison. It also allows a Maori supervisor to order an innkeeper to refuse to serve Maori liquor, which could become quarrelsome, and to take the car keys of Maori drivers. There are fines of up to £10. The Convention sets out the government`s responsibilities to protect the rights of persons with disabilities. The Convention does not establish new rights for persons with disabilities, but explains to the government the different ways in which it must promote the rights of persons with disabilities and not be discriminated against.
This translates into three different ways: implementing new laws to end discrimination; all systems or rules that allow discrimination against persons with disabilities must be abolished; and services need to be modified to make them more accessible to people with disabilities. It is widely accepted that the Treaty of Waitangi, signed in 1840, established British law in New Zealand. There are many problems with this theory. First, the Maori and English versions of the treaty are fundamentally different. The English version confers sovereignty on Queen Victoria (in the first clause) and grants the Maori the rights of British subjects (in the third clause). Although no legal system is explicitly mentioned in the treaty, these two clauses seem to imply that British law would be introduced into New Zealand. However, the Maori version states that Victoria receives kawanatanga (governorship), while chiefs retain tino rangatiratanga (absolute chieftaincy) in the second clause, unlike the property rights promised in the English version. Although the third section of the Maori version states that the Queen would treat the Maori in the same way as the people of England, many historians argue that the Māori believed that the new governor would exercise power only over Europeans and that chiefs would continue to rule over the Maori. In the eyes of some modern Maori, New Zealand`s legal system is invalid because it violates the treaty`s promise to be tino rangatiratanga (chief). In 1865, an Native Land Court was established to “define Maori land rights according to Maori custom and translate these customary rights or titles into land titles recognized by European law”.  It has since been heavily criticized for being used as a means of driving Maori off their land.
Some of the problems lay in the court itself – they held trials in English and in towns far from the Maori colonies, judges with insufficient knowledge of Maori customs – while others had more to do with the laws it applied. For example, for many decades, the land law did not recognize that an entire hapu owned its land, and land ownership was placed in the hands of a few people. In 1954 it was renamed Māori Land Court and has been fundamentally reformed since the nineteenth century. Until the mid-twentieth century, it also dealt with Maori adoptions. If you are arrested, you have the right to get legal help before you say or do anything. You don`t have to make a statement, but you do have to give the police some basic information about yourself. This site offers laws, draft laws, secondary legislation and complementary regulatory documents. It is owned by the Office of the Parliamentary Counsel and maintained by the Office of the Parliamentary Counsel. Learn more about what`s on the site and how it works. In 2017, New Zealand passed the Repeal of Laws Bill, which removed 132 obsolete or unused laws from statute books. In online lists of stupid laws, New Zealand is usually represented by the claim that there is a law that prohibits the transport of roosters in hot air balloons.
There is none. Wellington-based lawyer and legal commentator Graeme Edgeler took a look at some of New Zealand`s other strange laws. Why are there two separate documents, one of which focuses on the rights of persons with disabilities? In 1948, the UN established the Universal Declaration of Human Rights, which explains what human rights are. Article I states: “All human beings are born free and equal in dignity and rights.” In a perfect world, the Universal Declaration of Human Rights would be strong enough to protect all peoples. But there are groups like women, children and refugees who live in inequality. International treaties have been signed to protect human rights, in particular those of the persons concerned, and to allow for equal treatment. New Zealand contract law was originally derived from the English model. Since 1969, however, this has changed through a number of Acts of Parliament, and New Zealand`s contract law is now “broad”. differ from other legal systems.”  The main difference between New Zealand contract law is the wide margin of appreciation given to the courts in awarding remedies. Although these amendments were initially rejected because of concerns that they would make the settlement of contractual disputes unpredictable and increase the number of disputes, it is generally accepted that this has not happened and that the laws are working satisfactorily.  The New Zealand Bill of Rights was enacted in 1990 to reaffirm the fundamental rights and freedoms enshrined in the International Covenant on Civil and Political Rights.
 Although the Charter of Rights is not a general law to which all other statutes are subject, judges are required to interpret other statutes so that they are consistent with the Charter of Rights to the extent possible. In the event of a contradiction, the Attorney General must inform Parliament.  Compared to other countries, New Zealand is pretty good at updating its laws, and we`ve gotten rid of some strange ones. In some countries, the constitution is written in one place; in New Zealand, this is not the case. The New Zealand Constitution is based on a number of important laws, judicial decisions and customary rules (constitutional conventions). Human rights are the fundamental rights and freedoms to which we are all entitled, regardless of age, ethnicity, culture, religion or gender. Every country in the world has its own collection of strange laws. New Zealand is no exception. Our country has a lot of strange laws that you`d be surprised to see still in effect in 2018. Some are new, some are old, but one wonders how they were regulated by law in the first place.
However, there are specific intentions behind some of these laws – they make (slightly) more sense if you understand the context and values of the region. Some uses are clear: how would you defend an accusation that you were a mystic who killed someone by throwing a curse at them? The Human Rights Act sets out the main tasks of the Human Rights Commission. These are intended to promote respect for and appreciation of human rights in New Zealand society; and to promote the maintenance and development of harmonious relations between individuals and the various groups in New Zealand society. If you are concerned that a child may be abused, please report your suspicions so that authorities can investigate. However, it still prohibits contacting convicted thieves. The Legal Affairs Commission recommended that this should be possible. Prior to colonization by the British, Maori customary law (tikanga) would have served as the rule of law for most tribes. Bullying is a form of aggressive or threatening behaviour – whether at school, in the workplace or in the wider community. The rule of law is also an integral part of the New Zealand Constitution.
Rule of law principles are not easy to define, but include ideas such as: Before New Zealand hosted the 2011 Rugby World Cup, police and Wellington City Council said they were considering using Maori guards on the streets during the event. Bar owners have received letters reminding them of the power of supervisors. The Marine Mammal Protection Regulations state that “no person shall make loud or disturbing noises near whales.” The New Zealand legal system is heavily based on English law and remains similar in many respects. As in all common law countries, English law is organized around the doctrines of precedent (how cases should be decided equally) and stare decisis.   These principles dictate that lower courts must follow the decisions of higher courts in the judicial hierarchy.