in Meagher and Groves (eds), The Principle of Legality in Australia and New Zealand (2017). Under either sort of tenancy, a joint owner can insist on a sale. In New Zealand the ability to be proceeded against at common law for being a party to a criminal offence was abolished by section five of the Crimes Act, 1908. Because common law is based on judicial opinion, parties to a civil lawsuit may draw … In law, the relationship of co-owners of property is either as “beneficial joint tenants” or as “tenants in common”. Independent, fair and efficient courts are an important cornerstone in our democracy. They must also be for a debt or other sum of money. The English have since made significant 57 The New Zealand Bill of Rights Act 1990 is a major instance. Courts underpin social stability. The common law system is used in many current or former Commonwealth democracies, such as the United Kingdom, Canada, Australia and the United States of America. In the European Union, the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. Once these new laws go into effect, they are enforceable by law enforcement or governmental agencies, and the letter of the law is usually applied in court. Both the New Zealand common law and statute reflect that heritage, although both now bear a distinctively New Zealand flavour. New Zealand's legal system is based on the Common Law system and the process to become a lawyer is similar to many other Common Law nations. An example of common law decision-making is the assessment of an appropriate sentence for someone who has been found guilty of a criminal offence. Of the English literature, Finn referred to Atiyah, “Common Law and Statute Law” (1985) 48 MLR 1. Key Takeaways Common law, also known as case law, is a body of unwritten laws … Much of New Zealand's law, such as its common law tradition and constitutional framework, has been inherited from the English legal system, which was applied (so far as applicable to the circumstances of New Zealand) in 1840. The term “tenant” has no connection with a tenant under a lease. For example, Nigeria operates largely on a common law system but incorporates religious law. The law on co-ownership of property. For judgments to be enforceable they must be final and conclusive and the foreign court's jurisdiction must be recognised under New Zealand law. The difference is that the level of recognition given to foreign-trained lawyers and undergraduate law degrees gained outside of New Zealand is higher than in other countries. According to its title, the purpose of this Act is (a) To affirm, protect, and promote human rights and fundamental freedoms in New Zealand; (b) To affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights. 6 Finn, “Statutes and the Common Law” (1992) 22 UWALR 7. This is a result of the common law system of precedent, meaning that each case which is heard draws on legal principles developed in earlier cases. The simplest action is an application for summary judgment. Many of New Zealand’s constitutional principles exist in the common law and are reflected in legislation such as the Constitution Act 1986, the New Zealand Bill of Rights Act 1990 (NZBORA), and the Public Finance Act 1989. Common law is also practiced in Australia, Canada, Hong Kong, India, New Zealand, and the United Kingdom. Foreign judgments may be enforced at common law by an action or counterclaim.