CONSOLIDATED ACTS OF SAMOA 2008

SAMOA ACT 1921 (NZ)

Arrangement of Provisions

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 Repealed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 Samoa. 
 (07 December 1921) 
 (Commencement Date: 01 April 1922)

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 or Her Majesty, to be exercised on his or her 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 Samoa Order in Council 1920 made by His or Her Majesty with the advice of His or Her Privy Council on the 11th day of March 1920, His or Her 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 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 Samoa (Civil No.5 2/87).

REVISION NOTES 2008
 
This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made – 

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997. 

(b) All references to the male gender have been made gender neutral. 

(c) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa. 

(d) Other minor editing has been done in accordance with the lawful powers of the Attorney General. 

There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1978-1996. 

Revised and consolidated by Noumea Loretta Afamasaga 
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo
(Parliamentary Counsel) 

REVISION NOTES 2008 No.2

This law has been reviewed in accordance with the powers provided for in section 5 of the Revision and Publication of Laws Act 2008. Some general revisions that have been made included inserting the commencement date after the assent date, and minor amendments of non-substantive nature have been made to conform to modern drafting styles. 

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007. 

Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

The Samoa Act 1921 (NZ) is administered by the
Ministry of the Prime Minister.