Property Law Bill

For the record I will make some brief comments on Part 7, which deals with miscellaneous provisions. The part that interests me is the second part of Part 7, which sets out certain repeals. It is worth referring, for example, to clauses 360 and 361 because they give the Committee an idea of the extent of the changes that are being introduced by this very important legislation. I ask members to go to clause 360(2) where they will see that some very ancient statutes, indeed, are headed for the scrap heap. We start with the 1267 Statute of Marlborough, and move to the 1289-90 Quia Emptores statute, the Partition Act 1539, the Partition Act 1540, and so on. Through the reign of William and Mary some statutes go; some statutes from Queen Anne’s time go; various statutes from George II—one of those Hanoverian kings—go; and then, statutes from more recent Victorian times go. Indeed, that famous statute the Fires Prevention (Metropolis) Act 1774 is affected by this legislation.

All I am trying to emphasise is that, as a result of the passage of this legislation, certain imperial enactments relating to property are no longer to be considered part of the law of New Zealand. It will be very interesting, after this legislation has been passed, to undertake an assessment of just how many imperial enactments are left. I venture to suggest there will not be very many, at all.

So Part 7 is absolutely uncontroversial, and it simply deals with a couple of miscellaneous rules. But, for the record, it is worth considering the far-reaching impact of clause 360, because, as I said, it deals with imperial enactments repeal. So some of those ancient statutes that were brought into New Zealand by virtue of the Imperial Laws Application Act 1988, shall, upon the Governor-General’s assent being given, have no longer any effect in this country.

The question was put that the amendments set out on Supplementary Order Paper 146 in the name of the Hon Clayton Cosgrove to Part 7 be agreed to.

Amendments agreed to.

Part 7 as amended agreed to.

Schedule 1 agreed to.

Schedule 2

The question was put that the amendments set out on Supplementary Order Paper 146 in the name of the Hon Clayton Cosgrove to schedule 2 be agreed to.

Amendments agreed to.

Schedule 2 as amended agreed to.

Schedule 3

The question was put that the amendments set out on Supplementary Order Paper 146 in the name of the Hon Clayton Cosgrove to schedule 3 be agreed to.

Amendments agreed to.

Schedule 3 as amended agreed to.

Schedule 4

The question was put that the amendments set out on Supplementary Order Paper 146 in the name of the Hon Clayton Cosgrove to schedule 4 be agreed to.

Amendments agreed to.

Schedule 4 as amended agreed to.

Schedule 5 agreed to.

Schedule 6

The question was put that the amendments set out on Supplementary Order Paper 146 in the name of the Hon Clayton Cosgrove to schedule 6 be agreed to.

Amendments agreed to.

Schedule 6 as amended agreed to.

Schedule 7

The question was put that the amendments set out on Supplementary Order Paper 146 in the name of the Hon Clayton Cosgrove to schedule 7 be agreed to.

Amendments agreed to.

Schedule 7 as amended agreed to.

Clauses 1 and 2