Samoa Sources of Law Information

SAMOA

INTRODUCTION

by Professor Don Paterson

PRE-INDEPENDENCE

Before Samoa, which was called Western Samoa until 1997, attained its independence on 1 January 1962 it had been a colony of Germany 1900-1919, and then a League of Nations mandate of New Zealand 1919-1945, and finally a United Nations trusteeship of New Zealand 1945-1962.

Consequently the laws of Western Samoa prior to independence comprised:

• Samoa Act 1921 (NZ) + amendments ;

• Decrees - made by the German Government 1900-1919 until their repeal by s. 8 Repeal of Statutes Act 1972 (Samoa);

• Ordinances - made by the New Zealand Administrator with the advice and consent of the Western Samoan Legislative Council, 1919-1947; and Ordinances made by the Western Samoan Legislative Assembly with the assent of the New Zealand High Commissioner 1947-1962;

• Acts of the New Zealand Parliament - which were enacted for Western Samoa, eg: Samoa Act 1921 (NZ) or specifically applied to Western Samoa eg: Acts Interpretation Act 1924 (NZ). At no stage was there any general application of the laws of New Zealand to Western Samoa.;

• Acts of the British Parliament - which were in force in England on 14 January 1840, provided they were in force in New Zealand on 7 December 1921 and provided they were not inconsistent with the Samoa Act or any Ordinance or regulation in force in Western Samoa, and not inappropriate to the circumstances of Western Samoa (s 349 Samoa Act 1921 (NZ)) eg: Wills Act 1837 (UK);

• Subsidiary Legislation - made under any of the above legislation;

• English common law and equity - except so far as inconsistent with legislation or subsidiary legislation in force in Western Samoa or inappropriate to the circumstances of the country (s. 349 Samoa Act 1921 (NZ));

• Custom - for the purpose of ascertaining the rights to customary titles and land (s. 278 Samoa Act 1921 (NZ); s. 37 Samoan Land and Titles Ordinance 1934) and for the purpose of determining the validity of marriages prior to 1921 (s. 372 Samoa Act 1921 (NZ)).

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POST-INDEPENDENCE

At Independence on 1 January 1962 the Constitution, which is stated to be the supreme law of the country, was brought into force. The existing laws were continued (Art 114(a) Constitution).

Consequently, the laws of Samoa, post-independence comprise:

• Acts of the Samoan Parliament - enacted by the Samoan Parliament, comprising the Legislative Assembly with the assent of the Head of State ( Art 60 Constitution );

• Ordinances - made by the New Zealand Administrator with the assent of the Samoan Legislative Council 1919-1947; and Ordinances made by the Samoan Legislative Assembly with the assent of the New Zealand High Commissioner 1947-1962 ( Art 114 Constitution );

• Acts of the British Parliament - which were in force in England on 14 January 1840 and in force in New Zealand on 7 December 1921, except so far as abolished by Acts of Parliament of Samoa ( Art 114 Constitution );
  (NB: All, except the Wills Act 1837 (UK) were abolished by s. 8 of the Repeal of Statutes Act 1972 (Samoa). The Wills Act 1837 (UK) was then repealed by the Wills Act 1975 (Samoa))

• Acts of the New Zealand Parliament - which were enacted for, or specifically applied to, Samoa; ( Art 114 Constitution )
  (NB: Many were abolished by s. 8 of the Repeal of Statutes Act 1972 (Samoa), leaving some 26 New Zealand Acts of Parliament in force in Samoa at that time. Some of these have g since been repealed).

• Subsidiary Legislation - made under any of the above legislation ( Art 114 Constitution );

• English common law and equity - except so far as inconsistent with the Constitution, legislation or subsidiary legislation in force in Samoa or inappropriate to the circumstances of the country (s. 349 Samoa Act 1921 (NZ) and Art.s 111 and 114 Constitution );

• Custom - for the purpose of ascertaining rights to customary land and titles (Art 100 Constitution) and also to the extent that they have acquired the force of law under any Act or under any judgment of a court of competent jurisdiction ( Art.s 111 & 114 Constitution ).

© 1999 Professor Don Paterson, USP.

For more information on this topic see Introduction to South Pacific Law (1999) Cavendish - by J. Corrin Care, T. Newton & D. Paterson
Available from all good legal book shops, at  Stop Press in Vanuatu or by ordering from Cavendish .