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NEW ZEALAND LAW COMMISSION

Te Aka Matua o te Ture

Report 34

INTERNATIONAL LAW AND THE LAW OF NEW ZEALAND

Part One

Wellington, New Zealand

The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand.

Its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand.

The Commissioners are:

The Hon Justice Wallace—Deputy President

Professor Richard Sutton

Leslie H Atkins QC

Joanne Morris OBE

Judge Margaret Lee

The Director of the Law Commission is Robert Buchanan.

The office is at 89 The Terrace, Wellington.

Postal address: PO Box 2590, Wellington, New Zealand 6001.

Document Exchange Number SP 23534.

Telephone: (04) 473 3453. Facsimile: (04) 471 0959.

E-mail: Director@lawcom.govt.nz

Report/Law Commission Wellington 1996

ISSN 0113-2334

This report may be cited as: NZLC R34

Also published as Parliamentary Paper E 31X

Table of contents

• The Implications For New Zealand Law-Making
• Wider Implications
• Purpose And Structure Of The Guide

• 1 Treaties
• The Sources Of International Law
• What Is A Treaty?
• The Law Of Treaties
• What Do Treaties Do?
• How Are Treaties Negotiated And Agreed To?
• How Are Treaties Given Effect To At The International Level?
• The Character Of The Relationships Under Treaties
• 2 The Implementation Of Treaties Through National Legislation6 
• No Legislation Is Required
• The Statute Gives Direct Effect To The Treaty Text
• Some Treaty Wording Is Incorporated Into The Body Of The Law
• The Substance Of The Treaty Is Incorporated Into The Body Of The Law Without Any Obvious Indication
• Authority Is Delegated To Implement The Treaty
• 3 The Implementation Of Treaties Through The Courts
• A Treaty As A Foundation Of The Constitution
• A Treaty As Relevant To The Determination Of The Common Law
• A Treaty As A Declaratory Statement Of Customary International Law
• A Treaty As Evidence Of Public Policy
• A Treaty As Relevant To The Interpretation Of A Statute

• 4 Finding Treaties And Other Sources
• The Physical Sources
• Electronic Access To Materials
• Treaties: Conventional International Law
• National Sources
• International Sources
• Unofficial Sources
• Status
• Customary International Law
• Judicial Decisions
• Resolutions Of International Organisations
• Academic Writings
• Current Information
• Some Practical Examples
• The Impact Of International Agreements On Domestic Tax