How the Law was adapted into the unique NZ environment:
1890's: First organised political party took power (Liberals)
1930's: First Labour government elected
Prior: NZ sunk into great economic depression after 1929. The Govt refused to intervene directly, unemployment was at the peak, riots breaking out in the streets.
The creation of the welfare state from 1935 (after depression) 1. unemployed were given Xmas bonus, 2. reserve Bank was nationalised, guaranteed to prove was introduced to dairy farmers, 4. old age pension was restored and increased, 5. state-owned broadcasting system was established, 6. compulsory arbitration was instructed to introduce the forty-hour week when possible and provide a minimum wage, 7. A state housing scheme was established.
Social Security Act 1938: the heart of our welfare state, helped aid money and services (funded through tax). An excellent example of how the law has been adapted to suit the unique NZ environment **
1940's - 1984: Labour and Nats transforming the NZ economy
1957: Separate Court of Appeal, overtime develops, unique jurisprudence e.g. Maori Council. Court of Appeal was NZ top court unti 2003 SUP. Court.
1961: Crimes Act
1972: ACC = replaced section in common law regarding personal injury negligence with a communal insurance system. Removed rights for citizens to sue in relation to this area of law.
1991-1993: National Government
Key Figures in History:
William Martin - First Chief Justice of NZ 1807-1880
James Prendergast - "Simple nullity" Wi Parata (1826 - 1921)
Alfred Hanlon 1866 - 1944: Criminal defence lawyer, client was the first and only to receive the death penalty.
Ethel Benjamin 1875 - 1943 First women lawyer, focus on family law. persevered through countless acts of discrimination.
Sir Apirana Bgata 1874 - 1950
Lord Cooke of Thordon 1926-2006:
Sir Geffory Palmer 1942 - Attorney General and Minister of Justice, made sweeping reforms for NZ constitutional framework. played key role in key cases.
1947: Statute of Westminster Adoption Act
1950: Legislative Council Abolition Act
The 1800's: Story of British immigrants attempting to transplant the English legal tradition in a foreign land dispute resistance from the indigenous Maori inhabitants. This left Maori culture on the fringes of NZ political and economic life. Maori struggled to preserve cultural traditions and retain what land remained in their possession, as Pakeha thrived.
Importance of English legislation in NZ society today, when compared to case law: 1. the 1890's when NZ first organised political party took power (LIB). 2. Mid to late 1930's after the first Labour Government was elected and 3. in 1984-1993 when Labour and National Governments transformed the economy.
Pushed through Controversial legislation including:
Electoral Act 1983 - first nation in the world to grant women the vote
Industrial relations - Industrial Conciliation and Arbitration Act 1894 - first nation in the world to introduce compulsory arbitration.
Social welfare - Old Age Pensions Act 1898, first nation in the world to set up a comprehensive pension system.
Not supported, only allowed into Legislative Council, assuming it would be voted down.
NZ citizens had great influence in the legislation process, shown through Kate Shepperd and the suffragettes. They put pressure on the MPs (through public petitions) until eventually, enough voted in favour of women's suffrage. SUPPORTS DEMOCRATIC PROCESS
Example of legislature ingenuity. Introduced act to promote cooperation between employers and employees. Provided trade ynions with legal status, introduced minimum wage and enforcable employment conditions.
Provided NZders with a voice through their unions.
Beginning of the welfare system. Initially provided small regular payments to the 'deserving poor' of a certain age. Distribution of wealth through taxes. First of its kind.
Negative; Racial motive, specifically excluded Asian New Zealanders.
Influence on other nations:
AUS welfare dates back to 1943, UK from 1945. USA has social insurance scheme originally set up, not as comprehensive.
Economy: Post WW2: booming, UK brought many NZ agriculture products, NZ highest standard of living for 2 decades.
Extras:
Foreshore and Seabed 2004: effectively overruled the Court of Appeals decision in Attorney-General v Ngati Apa 2003.
While the origins of our legal system may be found in the courts of early England, the future lies with the legislature of modern New Zealand.
Corbett V Social Security Commission 1962
Fitzgerald V Muldoon 1972
1987: Court of Appeal defined the principles of the ToW in the New Zealand Maori Council 1987
Establishment of the NZ Supreme Court 2003
Important Institutions set up by legislation:
The Waiting Tribunal Court 1975: Through the ToW Act
The Disputes Tribunal 1988 through the Disputes Tribunal Act 1988
The Employment Court 1966: through the Resource Management Amendment Act
These adjudicatory bodies have taken pressure off traditional court structure and pioneered unique approaches to dispute resolution
1984-1991 4th Labour Government:
ECONOMIC: Statute that deregulated the marketplace, rationalise the public service and removed subsidies and encourage private enterprise:
The Commerce Act 1986.
The Goods and Services Tax Act 1985
State Owned-Enterprises Act 1986
This meant: the dollar floated, the reserve bank was given autonomy to control inflation, student fees introduce and the income and companies tax reduced.
FOREIGN POLICY:
NZ Nuclear Free Zone, Disarmament and Arms Control Act 1987 : Made NZ Nuclear Free
SOCIAL:
Homosexual Law Reform Act 1986: decriminalised homosexuality
Treaty of Waitangi Amendment Act 1985: extended Waiting Tribunal jurisdiction back to 1840
Economic and Social change through LIBERALISM. Enact groundbreaking social and economic policy through liberalisation and freedom relating to the individual or the market.
ECONOMIC POLICY:
Continued labour's economic policy and passed the Employment Contracts Act 1991: deregulated employment relations and severely limiting the power of trade unions.
Cut social benefits and began dismantling the comprehensive welfare system.
'User pays' charged proliferated, the building industry was deregulated, and many state0owned enterprises were sold.
How the era of great economic change stopped:
Introduction of MMP system. The NZ economy and society were fundamentally different, we still live the effects, both positive and negative.
Other Legislation:
Resource Management Act 1991: advances environmental law.
Companies Act 1993: advances corporate law.
Te Ture Whenua Maori Act 1993: advances Maori Law
Human Rights Act 1993 : unique approach to human rights jurisprudence
Electoral Act 1993
Constitutional Change:
Constitution Act 1986
Imperial Laws Application Act 1988
NZBORA 1990 : unique approach to human rights jurisprudence
The NZ legal system continues down its unique path. While it always reflects the British Common law tradition in some respects, it can no longer be regarded as a minature replica.