Tagaloa v Inspector of Police

JurisdictionNew Zealand
Judgment Date21 October 1927
Date21 October 1927
Docket NumberCase No. 31
CourtSupreme Court
Supreme Court of New Zealand.
Case No. 31
Tagaloa
and
Inspector of Police.
Fuataga
and
Inspector of Police.

Mandated Territory — Position of Mandatory — British Dominions as Mandatories — Validity of Legislation of Dominion Parliament for Mandated Territory.

The Facts.—The Administrator of Western Samoa, acting under an Ordinance made by the Legislative Council in 1922, issued an order banishing the two appellants from a certain district. The appellants disobeyed and were convicted by the Court of Western Samoa. From this sentence they appealed to the Supreme Court of New Zealand, challenging the constitutional validity of the chain of legislation by virtue of which the order of banishment was issued.

The Ordinance of 1922 issued by the Legislative Council of Western Samoa was made by virtue of the Samoa Act of 1921, passed by the Legislature of New Zealand. The appellants contended that this statute, on which the subsequent Samoan legislation and judicial proceedings depended, was ultra vires the Dominion Legislature. The Dominion Legislature derives its powers from the New Zealand Constitution Act of 1852, whereby it was given power to legislate for the “peace, order, and good government” of New Zealand. The appellants argued that this Act did not enable the Parliament of New Zealand to legislate for territories not forming part of the Dominion.

Held (by Sim, Acting C.J., Herdman, Reed, Ostler and Adams, JJ.): The Constitution Act of 1852 of the Imperial Parliament neither confers nor limits the legislative jurisdiction of the Dominion Parliament in respect of the mandated territory. This jurisdiction depends upon the Order in Council of 11 March, 1920, made in accordance with the terms of the Treaty of Peace with Germany, and in exercise of powers conferred by the Foreign Jurisdiction Act, 1890.

“… The Dominion had a representative at the negotiation of the Treaty of Peace, who signed the Treaty on behalf of New Zealand, which thus agreed as a separate nation to the Covenant of the League of Nations and became a member of the League. The Mandate for Samoa was conferred by the Council of the League of Nations upon His Majesty the King for and on behalf of the Government...

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