The Survival of Notaries Public in New Zealand: Orphaned offspring of a venerable parent

Almost twenty years ago the Imperial Laws Application Act 1988 (NZ) ended the application in New Zealand of most hitherto surviving imperial legislation. This was regarded at the time as being one of the principal steps on the road to legal independence. Despite the passage of this legislation, notaries public in New Zealand are still appointed in the name of the Archbishop of Canterbury. Consideration was given at the time of enacting the Imperial Laws Application Act 1988 (NZ) to introducing a Notaries Public Bill, in order to make provision for notaries public. In the event nothing was done, and the office remains unreformed. The result of the passage of the Imperial Laws Application Act 1988 (NZ), and of more recent legislative and regulatory changes in England and Wales, is that the legal basis for the appointment in New Zealand is now unclear, but possibly dependent upon principles of usage and custom, rather than statutory authority as hitherto. Yet the appointment remains sought after, with over 200 in practice today.