Week 1

Question 1

Parliament is the sole body that can make laws in NZ? T/F

Answer 1

False

Parliament is the supreme law making body, but the courts can and do make law, although the courts can always be overruled by parliament.

Other bodies make laws as well through delegated legislation (i.e. Auckland Council)

Question 2

There is only one form of legislation. T/F

Answer 2

False,

There are two types of legislation
a - Legislation made by parliament
b - Delegated legislation made by others

Question 3

What is the main difference between the two types of legislation?

Answer 3

Parliament must give the power to another body or person to make delegated legislation

Delegated legislation can be challenged on certain grounds, legislation cannot

Question 4

The courts can never strike down an Act/Statue , i.e. state that an Act of parliament does not apply as it has breached another law or the constitution. T/F?

Answer 4

True,

Unlike the US, the NZ courts cannot strike down or refuse to follow Acts/Statutes even if it breaches fundamental rights

Question 5

The Copyright Act 1994 governs copyright in NZ. That means to work out whether copyright infringement has occurred you just need to read the Act. T/F?

Answer 5

False,

For example, you will infringe copyright if you copy the “whole/substantial part” of a work protected by copyright.

“Substantial part” is not define in the Act.

Question 6

NZ’s constitution is found entierly in the constitutional Act 1986. T/F

Answer 6

False,

The Constitution Act 1986 does contain some of our constitutional law (i.e. outlines our 3 branches of GOVT - Executive, Legislature, and Judiciary)

But there are lots of other statutes which also contain constitutional law (doctrines/conventions)

Question 7

NZ’s constitution is found in a number of different places. T/F?

Answer 7

True,

E.g. Constitution Act, Bill of rights Act 1968, NZBORA, Electoral Act and so on.

• Doctrines which include parliamentary sovereignty, rule of law etc
• Conventions, e.g. GovGen will assent to bills past.

Question 8

The rights under the NZ Bill of Rights Act such as the right of freedom of expression are absolute. i.e. You have the right to say whatever and parliament cannot limit this. T/F

Answer 8

False,

You do have the right to freedom of expression/speech. But The rights are not absolute

Question 9

If a journalist wants to publish an article about a minister breaking a law will the journalist and his/her publisher be at risk?

Answer 9

NZBORA - Freedom of speech: The journalist has the right to expose the minister, however if he is wrong he can be sued in defamation(Civil law not criminal law).
Rule of Law - The minister has to follow the same laws as everyone else.