Legal Framework
From The Report: Papua New Guinea 2012
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In partnership with Leahy Lewin Nutley Sullivan Lawyers, OBG takes a look at PNG’s legal system. Key points include investment incentives for foreign companies and the special status of much of PNG’s land. John Leahy, Partner, Leahy Lewin Nutley Sullivan Lawyers, shares a viewpoint on the origin of PNG’s legal code.

Articles from this Chapter

Overview

Conducting business: An overview of the present legal environment
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GOVERNMENTS AND THEIR POWERS: There are three levels of government in Papua New Guinea, the national, provincial and local governments. The Constitution and the Organic Law on Provincial Government and Local Level Government (Organic Law) regulate the lawmaking powers of the national, provincial and local-level governments. Each level has its own distinct lawmaking powers. The lawmaking powers of the national Parliament are covered in section 41 of the Organic Law; the lawmaking powers of the…

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John Leahy, Partner, Leahy Lewin Nutley Sullivan Lawyers, on the origin of the legal code
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Investors in Papua New Guinea from common law countries will find the country’s legal system both familiar and intriguing. It is similar to the Westminster system, albeit with its own characteristics, such as a modern written constitution with a large contingent of absolute and qualified rights. PNG has been developing its own common law since gaining Independence in 1975, using the English Common Law and rules of equity – with the exception of royal prerogative – as its starting point,…

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Gibson Geroro, Associate, Leahy Lewin Nutley Sullivan Lawyers, on the significance of the judiciary
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Over the past 36 years since gaining independence, Papua New Guinea’s judiciary has faced numerous challenges in the country’s constitutional development. Time and again, such challenges have been met, and the judiciary has not ignored its responsibility to administer fair and unbiased justice. The latest and perhaps most fundamental challenge to the power of the country’s courts stems directly from the recent ongoing political turmoil between Peter O’Neill and Michael Somare over…