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Samoa Act 1921

NEW ZEALAND

SAMOA ACT

ANALYSIS

TITLE
PREAMBLE
1. Short title and commencement
2. Application
360. Legal capacity and status of married women
362. No distress for rent
367. Repealed

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THE SAMOA ACT 1921 (NZ)
1921, No. 16

AN ACT to make provision for the government of Western Samoa.

(07 December 1921)

WHEREAS pursuant to the Treaty of Peace with Germany, signed at Versailles on the 28th day of June, 1919, a mandate in the terms in the First Schedule to this Act has been conferred by the League of Nations upon His Majesty, to be exercised on his behalf by the Government of the Dominion of New Zealand, to administer the former German colony of Samoa; and whereas by the said mandate it is provided that the Government of the Dominion of New Zealand; shall have full power of administration and Legislation over the said Territory, subject to the terms of the mandate, as integral portion of the Dominion of New Zealand; and whereas, acting under the authority of the Treaties of Peace Act 1919, and of an Order in Council intituled the Western Samoa Order in Council 1920 made by His Majesty with the advice of His Privy Council on the 11th day of March 1920, His Excellency the Governor-General of the Dominion of New Zealand, has, on diverse dates, by Orders in Council, made temporary provision for the peace, order, and good government of the said Territory; and whereas it is expedient that permanent provision should now be made for the peace, order, and good government of the aforesaid Territory.

1. Short title and commencement - This Act may be cited as the Samoa Act 1921, and shall come into force on the 1st day of April 1922.

2. Application - Except so far as a contrary intention appears, this Act shall apply to Samoa only, and not to New Zealand.

360. Legal capacity and status of married women - (1) Save where otherwise provided by this Act or by any Ordinance, the legal capacity of a married woman, whether contractual, proprietary, testamentary, or of any other kind whatsoever, shall be the same as that of an unmarried woman, and marriage shall not, save in respect of intestate succession, confer on either party thereto any rights to or in respect of the property of the other.

(2) Nothing in this section shall affect the validity or operation of a restraint on anticipation.

362. No distress for rent - (1) Notwithstanding anything to the contrary in any Act, or in any rule of law, or in any lease, it shall not be lawful for any person to distrain for rent.

(2) This section shall extend and apply to leases granted by the Government of Western Samoa.

367. This section has been declared void as being contrary to Article 15 of the Constitution by the Supreme Court in John Chu Ling and Bank of Western Samoa (Civil No. 5 2/87).

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The Samoa Act 1921 (NZ) is administered in
the Prime Minister's Department