How the Government is Divided

• The government is divided into three equal and independent branches: the Executive, the Legislature, and the Judiciary.
• Each branch has distinct roles.

The Executive

• This branch also referred to as “the government.”
• Led by the Prime Minister, includes ministers and government departments.
• Responsible for administering and enforcing laws.
• It implements laws passed by Parliament and ensures policies align with the law.

The Legislature (Parliament)

• It is commonly called “Parliament” or “the House of Representatives.”
• Located in Wellington, in the Beehive building.
• Consists of elected representatives who debate, draft, and pass laws.
• Oversees the Executive to ensure government accountability.

The Judiciary (The Courts)

• Composed of judges who operate within different levels of courts.
• Ensures that laws are applied fairly and consistently.
• Interprets laws and makes decisions on legal disputes.
• Operates independently from the Executive and Legislature.

The Separation of Powers

• Ensures that the three branches function independently.
• Aims to prevent 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.
• In New Zealand, judges take an oath of judicial independence, pledging to remain free from political or external influence.

Classification of Law

• Law is broadly divided into Public Law and Private Law.
• There are also Special Areas of Law and Procedural Law.
• These regulate specific legal matters and legal processes.

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.
  • Regulates relationships between branches (Executive, Legislature, Judiciary).
  • Key elements in New Zealand include the Constitution Act 1986, the Treaty of Waitangi, and the NZ Bill of Rights Act 1990.

• Administrative Law

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

• Revenue Law (Tax Law)

  • Regulates the collection and management of government revenue.
  • 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.
  • Covers offenses like theft, assault, fraud, and murder.
  • Prosecuted by the state to protect society and governed by the Crimes Act 1961.

Private Law

• Governs relationships between individuals, businesses, and organizations.

• Commercial Law

  • Regulates business activities, contracts, and competition.
  • Ensures fair trade and consumer protection.
  • Key legislation includes the Fair Trading Act 1986 and the Consumer Guarantees Act 1993.
  • Addresses monopoly regulation and corporate governance.

• Property Law

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

• Tort Law

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

• Family Law

  • Regulates legal relationships within families.
  • 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.
• 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 several authoritative sources.
• 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: Judges, lawyers, lawmakers, and law enforcement officials.
• Processes: How laws are made, interpreted, and enforced.
• Values: Principles like fairness, justice, and human rights.
• Institutions: The courts, Parliament, and government agencies.
• The legal system relies on the three-branch division (Legislature, Executive, Judiciary).
• Ensures that laws are made, applied, enforced, and interpreted fairly.

Laws Function

• Function as a source, a system, and an actor within a legal framework.
• Source of Law: Laws originate from authoritative sources such as Parliament (legislation), courts (common law), and customary practices (e.g., Tikanga Māori in New Zealand)
• System of Law: The legal system consists of institutions, processes, and principles that create, enforce, and interpret laws.
• It includes courts, legislatures, and enforcement agencies, ensuring laws are applied fairly and consistently. Actor in Law: Laws actively shape behavior and society by granting rights, imposing duties, and regulating interactions.
• Individuals (citizens, businesses, governments) and institutions engage with the law as participants in the legal system.
• Together, these elements ensure law remains functional, enforceable, and responsive to societal needs.

Explanation of the three branches of government: the Executive, the Legislature, and the Judiciary. Each branch has distinct roles and responsibilities. The Executive administers laws, the Legislature drafts laws, and the Judiciary interprets laws.