Government Branches: Executive, Legislature, Judiciary

• The government consists of three independent branches: the Executive, the Legislature, and the Judiciary.
• Each branch has specific responsibilities that ensure a balanced and just governance system.

The Executive

• Also referred to as “the government."
• This branch is responsible for administering and enforcing laws.
• It is led by the Prime Minister, includes ministers, and government departments.
• The Executive implements laws passed by Parliament and ensures policies and regulations align with the law.

The Legislature (Parliament)

• Also called “Parliament” or “the House of Representatives."
• The Legislature is responsible for creating and passing laws.
• Located in Wellington, in the Beehive building.
• It consists of elected representatives who debate, draft, and pass laws.
• The Legislature oversees the Executive to ensure government accountability.

The Judiciary (The Courts)

• This branch is responsible for interpreting laws and ensuring justice is upheld.
• It is composed of judges who operate within different levels of courts.
• The Judiciary ensures laws are applied fairly and consistently, interpreting laws and making decisions on legal disputes.
• It operates independently from the Executive and Legislature.

Separation of Powers

• This principle ensures that the three branches function independently.
• It prevents any one branch from becoming too powerful.
• The Executive enforces laws but does not make judicial decisions.
• The Legislature creates laws but cannot control judicial rulings.
• The Judiciary makes independent legal decisions and cannot be influenced by the government or Parliament.
• New Zealand judges take an oath of judicial independence, pledging to remain free from political or external influence.

Classification of Law

• Law is divided into Public Law and Private Law.
• Public Law governs state-individual relationships.
• Private Law governs individual or business interactions.
• Special Areas of Law and Procedural Law regulate specific legal matters and legal processes.

Public Law

• Public law deals with government actions, state institutions, and the relationship between individuals and the state.

Constitutional Law

• Defines the structure, powers, and functions of the government.
• It regulates relationships between branches (Executive, Legislature, Judiciary).
• Key elements in New Zealand:
  • Constitution Act 1986 outlines government functions.
  • Treaty of Waitangi is a foundational document.
  • NZ Bill of Rights Act 1990 protects individual rights and freedoms.

Administrative Law

• Governs the actions of government agencies and public officials.
• It ensures decisions are lawful, fair, and rational.
• It allows individuals to challenge government decisions through judicial review.

Revenue Law (Tax Law)

• Regulates the collection and management of government revenue.
• It covers taxation on income, goods and services (GST), and corporations.
• Key legislation includes the Income Tax Act 2007 and the GST Act 1985.

Criminal Law

• Defines crimes and prescribes penalties.
• It covers offenses like theft, assault, fraud, and murder.
• The state prosecutes to protect society.
• Governed by the Crimes Act 1961.

Private Law

• Private law governs relationships between individuals, businesses, and organizations.

Commercial Law

• Regulates business activities, contracts, and competition.
• It ensures fair trade and consumer protection.
• Key legislation:
  • Fair Trading Act 1986 covers consumer rights and advertising rules.
  • Consumer Guarantees Act 1993 covers product and service guarantees.
• It addresses monopoly regulation and corporate governance.

Property Law

• Covers ownership, transfer, and rights related to real and personal property.
• This law includes intellectual property (copyright, trademarks, patents).

Tort Law

• Covers civil wrongs between private parties.
• Types of torts:
  • Negligence: Failure to exercise reasonable care, causing harm.
  • Nuisance: Unlawful interference with property use.
  • Defamation: False statements harming reputation (libel is written, slander is spoken).

Family Law

• Regulates legal relationships within families.
• It covers divorce, matrimonial property division, child custody, adoption, and domestic violence.

Environmental Law

• Focuses on sustainability and environmental protection.
• Key legislation: Resource Management Act 1991 regulates land, air, and water use.

Special Areas of Law

Māori Law & Treaty Issues

• Includes Māori land laws and special provisions in health, education, and resource management.
• Incorporates Treaty of Waitangi principles in law and governance.

International Law

• Regulates relationships between nations.
• Includes treaties, trade agreements, and human rights laws.
• Enforcement relies on international cooperation and goodwill rather than strict legal mechanisms.

Procedural Law

• Governs the processes and procedures used in legal cases.
• Ensures fair trials, legal proceedings, and enforcement of substantive laws.
• This not a substantive area itself but essential for justice administration.

Understanding Law

• Laws are formal rules that regulate society and guide behavior.
• Unlike social norms, laws are enforceable by authorities.

Sources of Law

• In New Zealand, law comes from Parliament, the Courts, and Tikanga Māori.
  • Parliament passes laws (legislation).
  • The Courts interpret and develop laws through legal decisions (common law).
  • Tikanga Māori provides traditional principles, practices, and norms for resolving disputes and maintaining social order.

Law as a Legal System

• The legal system includes actors, processes, values, and institutions.
  • Actors includes judges, lawyers, lawmakers, and law enforcement officials.
  • Processes include how laws are made, interpreted, and enforced.
  • Values include principles like fairness, justice, and human rights.
  • Institutions include the courts, Parliament, and government agencies.
• The legal system relies on the three-branch division (Legislature, Executive, Judiciary).
• The three-branch division ensures that laws are made, applied, enforced, and interpreted fairly.

Laws Function

• Laws function as a source, a system, and an actor within a legal framework.
  • Law is a source, originating from authoritative entities like Parliament, courts, and customary practices (e.g., Tikanga Māori).
  • Law is a system, consisting of institutions, processes, and principles that create, enforce, and interpret laws.
  • Law is an actor, actively shaping behavior and society by granting rights, imposing duties, and regulating interactions.
• Together, these elements ensure law remains functional, enforceable, and responsive to societal needs.

An overview of the three independent branches of government: the Executive, the Legislature, and the Judiciary. Each branch has specific responsibilities that ensure a balanced and just governance system.