What Are the Laws of Papua New Guinea?

Ask where a rule comes from in Papua New Guinea and the answer is not open-ended. Section 9 of the Constitution sets out an exhaustive list.

Why “and none other” matters

Those three words close the list. A policy circular, a departmental practice, a resolution of a body, a foreign judgment, an unratified treaty — none of these is law in Papua New Guinea unless it takes effect through one of the six categories. It is a useful first question in any dispute about a rule: which paragraph of section 9 does this come under?

(a) The Constitution

The supreme law, together with the Organic Laws. Under section 11, all acts — legislative, executive or judicial — inconsistent with it are invalid and ineffective to the extent of the inconsistency.

(b) The Organic Laws

A special class of statute, made only where the Constitution authorises it, not inconsistent with the Constitution, and expressly described as an Organic Law. Organic Laws share supreme-law status with the Constitution and are altered only by another Organic Law or by a constitutional alteration. See what is an Organic Law?

(c) Acts of the Parliament

Ordinary statutes. They must be read subject to the Constitution and, where relevant, to the Organic Laws — that is what section 10 requires.

(d) Emergency Regulations

Made during a declared national emergency under Part X. They are law, with real force, but they are hedged with limits and with parliamentary supervision. See Emergency Regulations explained.

(da) The provincial laws

Added when provincial government was constitutionalised. Provincial and local-level laws are made within the fields allocated by the Organic Law on Provincial Governments and Local-level Governments. See who does what.

(e) Subordinate and adopted laws

Regulations, rules, by-laws and other instruments made under an Act, together with laws adopted by or under the Constitution. This is where most of the operative detail of PNG law actually lives — fees, forms, procedures, licence conditions.

Section 10 requires adopted laws and subordinate enactments to be read subject to the Constitution, to the Organic Laws, and to the law under which they were made, and so as not to exceed the authority properly given. It then adds a saving: where such a law would otherwise exceed the authority given, it is nevertheless valid to the extent to which it is not in excess. Excess does not automatically destroy the whole instrument.

(f) The underlying law

The distinctive one. The underlying law is the judge-made law of Papua New Guinea, developed from custom and, where custom gives no answer, from the common law adapted to the circumstances of the country. It is governed by Schedule 2 of the Constitution and the Underlying Law Act 2000. See the underlying law and custom.

How the sources rank

1. Constitution and Organic Laws — supreme law (s 11).
2. Acts of Parliament — read subject to the Constitution and relevant Organic Laws (s 10).
3. Provincial laws and subordinate enactments — valid only within the authority conferred.
4. The underlying law — fills the space where no written law applies; it cannot override written law.