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New Zealand Laws Act 1979

NIUE


[August 1990 Edition]


NEW ZEALAND LAWS ACT 1979


Act 49 of 1979 - 31 January 1980


Analysis


Title
1. Short Title
2. Interpretation
3. Application of New Zealand enactments and documents in Niue.


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AN ACT to make provision with respect to the application of New Zealand laws to Niue, and to provide that certain enactments of the Parliament of New Zealand shall extend to Niue as part of the law of Niue.


BE IT ENACTED by the Niue Assembly in Session assembled, and by the authority of the same, as follows:


1. Short Title - This Act may be cited as the New Zealand Laws Act 1979.


2. Interpretation - In section 3 of this Act the term "New Zealand enactment" means -


(a) Every Act of the Parliament of New Zealand that is for the time being in force in Niue;


(b) Every Proclamation, order, regulation, or rule made under any such Act and for the time being in force in Niue, -


whether or not the enactment forms part of the existing law of Niue as defined in the Constitution or has extended to Niue before or after the passing of this Act.


3. Application of New Zealand enactments and documents to Niue -


(1) Unless the context otherwise required, in any New Zealand enactment, or in any Contract, agreement, deed, instrument, application, licence, notice, or other document whatsoever existing at the passing of this Act -


(a) Every reference to any office, board, corporation, or other body shall, in relation to Niue, be read as a reference to the corresponding office, board, Corporation, or other body Constituted in Niue;


(b) Powers, duties, and functions conferred on any person or department shall, in relation to Niue, be construed as powers, duties, and functions conferred or imposed on the person or department entrust with corresponding powers, duties, and function in Niue;


(c) Provisions that require modification to make them applicable to circumstances and conditions for the time being existing in Niue shall be read with all modifications necessary to apply those provisions to Niue.


(2) Without limiting the provisions of subsection (1) of this section, in the application to Niue of any New Zealand enactment or of any document specified in that subsection, there shall be substituted for the respective terms set out in the first column of the First Schedule to this Act the corresponding terms set out in the second column of that Schedule:


Provided that nothing in this subsection or in the First Schedule to this Act shall prevent the exercise, (with respect to Niue) subject to the provisions of the Constitution by the Governor-General of New Zealand or by any other person, of any power conferred on the Governor-General or such person by any Act of the Parliament of New Zealand for the time being in force in Niue.


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SCHEDULE


FIRST SCHEDULE


Section 3(2)


Modification of New Zealand Enactments in Application to Niue.


Terms used in New Zealand Enactments and Documents
Corresponding Term in Niue


New Zealand
Niue


The Governor-General
The Governor-General


Act, or Act of the General Assembly of New Zealand.
Act of the Niue Assembly


Government of New Zealand
Government of Niue


A Minister
Cabinet


A Department of State
The Department of State of Niue having corresponding functions.


The Supreme Court of New Zealand.
The High Court of Niue


A Magistrate's Court
The High Court of Niue


A Judge, Magistrate, or Justice of the Peace
A Judge of the High Court of Niue.


A Solicitor General
Minister of Justice


A Constable, or a member of Police
An officer of Police who is an employee of the Niue Public Service

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