The New Zealand National Legal Identity
Canterbury Law Review 171, 1987
Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 79/2017
14 Pages Posted: 23 Oct 2014 Last revised: 3 May 2017
Date Written: October 21, 1987
Abstract
In this article, Sir Robin Cooke advocates for the abolition of the right of appeal from the New Zealand Court of Appeal to the Privy Council in two parts. First, he describes New Zealand’s “distinct national legal identity” by discussing how New Zealand law has developed in a number of different fields, including criminal, family, property, contract, employment, torts, and administrative law. In the second part, he argues for abolition of the right of appeal to the Privy Council. Sir Robin outlines this argument by referring to his personal experience as a member of the Privy Council, historic examples of New Zealand appeals, and the development of a distinct New Zealand national legal identity. Abstract by Tim Cochrane.
Keywords: Lord Cooke, Privy Council, New Zealand Court of Appeal, criminal law, family law, property law, contract law, employment law, administrative law
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