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Article summarising how the law works in NZ and commonwealth countries.-Written by Dai Mitchell of Nelson, NZ, June 28th, 2021
“At a time of constitutional review, the secrecy surrounding the TPPA negotiations raises hard questions about the future shape of New Zealand”. -‘Hidden Agenda What We Need To Know About The TPPA’ Jane Kelsey ( Bridget William Books).
This article summarise how the law works in NZ and commonwealth countries.-
Since the 1215 Magna Carta there has been a contract between the crown and the English monarch AND English and Commonwealth subjects ensuring that the rights of the public are maintained and the authority of the crown and ruling English monarch is ensured. This can be summarised in the 1st Statute of Westminster 1275 , which is recognised in current NZ legislation – Imperial Laws Application Act 1988 – schedule 1. As follows ;
“The King willeth and commandeth that common right be done to all, as well poor as rich, without respect of persons”.
The common right is also known as the common law, and this can be confirmed from a statement(attached) put out by Sir Edward Coke, an English chief justice and known as a talented jurist in the 1600’s, who was a proficient lawmaker and who laid the foundation for the 1627 Petition of Right and the subsequent 1688 Bill of Rights, both of which declared and confirmed the liberty of the person, and the public’s rights. – Both of these acts of legislation from the 1600’s are recognised currently in NZ legislation.
The reason for these old laws still being current and recognised in NZ legislation is because of the way the law is structured – which is explained in Halsbury Law journal 3rd Edition, Volume 36 – Statutes, paragraph 559 at page 337 of that volume:
As for the supremacy of NZ parliament, the basis statement of principle as a first principle of law shows clearly that while every parliament is supreme, one parliament cannot derogate from the legislation of a previous parliament, and this means NZ parliament cannot derogate from the sovereign supremacy of England, and it follows that once legislation is put into force it cannot be repealed by any later parliament, it’s provisions can merely be brought forward into current legislation, because a later parliament cannot derogate from it’s forefathers legislation.
What this means in layman’s terms is any act, order or rule made by the current NZ parliament that breaches or denies the public’s established rights, freedoms and established customs is unlawful, and known as ultra-vires – meaning it is acting outside the scope of it’s lawful authority. So all “acts” of legislation must “act” within the established common law or they are a false law, and the public have every right to publicly reject such false acts of legislation – and accuse parliament of being incompetent and tyrannical.