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Lecture

BLAW211 Lecture Notes - Quasi, Board Of Directors, Objective Test


Department
Business Law
Course Code
BLAW211
Professor
David Sim

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Blaw211 S1 2013
Systems of Law
Moral rules
Legal rules
Laws = enforceable rules
Legal Systems
Public Law
Constitutional Law
Administrative law ministerial law
International law created by
agreements between countries. (Nz
must have legislation to make it
legally enforceable)
Criminal Law criminal cases (to
punish people by the state for
breaking state rules)
Civil Law
Contract law
Tort
Family (closed to public)
Property
Equity
Criminal Proceeding crown vs individual
Civil proceeding one individual vs another
The Constitution NZ has one
Rules and practices that determine
the composition and function of the
government and which regulate the
rights between citizens and the state.
Types
Constitutional monarchy
Monarchy
Dictatorship
Republic
Kingdom of NZ
Head of State
Elizabeth, Queen of Nz
Governor General
Nz was a colony now a constitutional
monarchy
930’s Statute of Westminster
Allow dominions of the UK to basically
become independent, not affected by
statutes and legislations in the UK
NZ will become a colony if UK
supreme court over rules statute of
Westminster
1986: NZ independence, the constitution Act
was passed. UK has no power over NZ.
Creation of NZ parliament
Legislative Council: (was a house of 102)
1950’s
Houses of parliament
Chambers
Now NZ only has one house/one
chamber. NZ abolished the council as
they did nothing.
NZ separation from the UK (1986)
Constitutional Concept
Rule of Law (theory of law, the law is
the most powerful. PM is the most
powerful individual but is subject to
law. Rule: law rules not people)
Separation of Powers
o Executive
o Legislature
o Judiciary
Court is public, as public can know what is
going on. Exception of family law.
Laws and Government decision must follow
procedures. If not, law is not valid.
Judges must be independent.

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Separation of Power (1700’s) – should be
divided up, as well as government factions.
Government has large meaning but not
accurate use.
(Large)Executive cabinet is the heart of it,
ministers of government and departments,
minister out of government. Police are apart
of the executive, are a department.
Legislative Consists of Parliament
All government departments have factions of
power.
Executive Administration of the law, policy
making.
Legislative- making laws (Parliament), Statutes.
Judiciary Interprets and enforces the law.
Policy and law are not the same. Policy are
not able to overpower laws. Policy are not law.
Executive
Head of State
Executive council
Cabinet
Pm
Ministers and government
departments
Executive council H.O.S, head ministers, PM.
(Highest executive arm of the government)
Cabinet just below executive council, no
legal existence.
Legislature
Parliament
Head of State
House of representatives (speaker of
the house, members of parliament)
committees work as house decision.
Judiciary
Judges
Quazi Judicial Officers, makes decision
on specific matters. Narrow powers.
Parliament
Boss Speaker of the house admin
side
Decides what goes on in parliament
house
Members of parliament debate, all
ministers are MP due to constitution.
= no separation of power.
All members of Parliament in
executive.
“The Whip” – makes party members
vote for their parties. No removal of
party if voted against but can be
removed from party end of political
career.
Judges are voted in/chosen by governor
general in nz as in parliament and executive.
Acts in accordance by ministers. Governor
general has no power. Ministers have power.
Attorney general submits name to governor
general, after advisory meeting with head of
law society, judges chosen.
Office of ministers are conventions.
Conventions are rules not laws. Add to the
separation of power.
A government must resign if out voted in
election; also if a notion of no confidence is
passed. Ministers must not speak out against
judiciary member as a convention.
Governor general takes advice from limited
ministers such as PM.
!984 NZ election called by Rob Muldoon
earlier than normal due to economy in a bad
state. 3 Week normal time to change
ministers. Convention states PM elite can tell

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PM what to do. Muldoon said no to elite PM
as not legally enforceable. Now transition is
governed by law not conventions.
Law
Power not to assent bills
Power to appoint pm
Power to appoint ministers
Power to appoint judges
Conventions
Must assent to bills
Must appoint leader who has
confidence of house of reps
Must appoint on advice of pm
Must appoint of advice of attorney
general.
Sources of Law
Legislation
Statutes
Subordinate legislation
Common Law and Equity
Judges made law
Statues
Supreme law, overrides subordinate
legislation, over rides common law and equity.
Legislation through house of congress and
signed by president becomes statutes. USA
has supreme law to override statute.
Dicey’s Theory states that a parliament cannot
bind a future parliament.
A large Majority (75%) is needed to
pass/remove a entrenched provision.
One entrenchment law in place with NZ
constitution outlining parliament votes.
Parliament Supremacy
Dicey Parliament can make any law at all,
apart from biding future parliaments.
How Statutes are made
Bill proposed
First reading (introduce draft
legislation, formality like)
Select committee stage (divisional)
Second readings
Committee stage (clause by clause) ->
whole house of ministers vote
Third reading
Royal Assent (Governor General gives
assent)
Local Bills local organisations like DCC can
put up.
Private Bills ministers opt to put up private
bills for government which are then “Chosen
out of the hat” to be presented to the house.
Laws can be put through in a few hours with
reasoning
Acts commonly delayed enforcement
Types of Acts
Public acts applicable anywhere in
NZ (only NZ)
Private acts applicable to specific
people/organisations
Local acts applicable to specific
parts of NZ
Form interpretation defines the act and
details.
UK and English Statutes
1840’s act was passed stating all laws in the
UK were to be applied to NZ
Edward the 1st signed a magnacata which
turned into statute. E.g. cant be thrown into
jail without a trial.
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