This is a single section from Chapter 2. Read the full chapter here.

Have all relevant common law rules and principles been identified and considered?

Relevant common law rules and principles should be identified.

 

New legislation should as far as practicable be consistent with fundamental common law principles and Te Ao Māori (which incorporates Māori language, customs, beliefs, sites of importance, and the importance of community, whānau, hapū and iwi). Some of the fundamental common law principles are discussed in Chapter 3.

A considerable amount of substantive law (large portions of the law of tort (civil wrongs), contract, equity (such as the law of trusts and fiduciary obligations), as well as many of the principles of judicial review, are still found in the common law, albeit subject to some statutory modifications. When proposing to legislate in these fields, legal advice should be sought to identify the extent to which the common law still applies.

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