Constitution as amended by the 2025 Christian Country amendment
18
- Jurisdiction
- Papua New Guinea
- Provision
- 18
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceSec. 18.
ADOPTION, ETC., OF CERTAIN LAWS . PART 1.—CUSTOM .
S ch.2.1. Recognition, etc., of custom.
(3 ) An Act of the Parliament may—
S ch.2.2. Adoption of a common law.
S ch.2.3. Development, etc., of the underlying law.
(1) If in any particular matter before a court there appears to be no rule of law that is applicable and appropriate to the circumstances of the country , it is the duty of the National Judicial System, and in particular of the Supreme Court and the Nationa l Court, to formulate an appropriate rule as part of the underlying law
PNG National Legislation
having regard—
of all or any part of the country at any time, and to the circumstances of the country from time to time.
(2) If in any court other than the Supreme Court a question arises that would involve the performance of the duty imposed by Subsection (1), then, unless the question is trivial, vexatious or irrelevant—
shall, refer the matter for decision to the Supreme Court, and take whatever other action (including the adjournment of proceedings) is appropriate.
S ch.2.4. Judicial development of the underlying law.
In all cases, it is the duty of the National Judicial System, and especially of the Supreme Court and the National Court, to ensure that, with due regard to the need for consistency, the underlying law develops as a coherent system in a manner that is appr opriate to the circumstances of the country from time to time, except insofar as it would not be proper to do so by judicial act.
S ch.2.5. Reports on the development of the underlying law.
In their reports under Section 187 (1) ( reports by Judges ), and in any report under Section 187 (2) ( reports by Judges ) if in their opinion it is desirable to do so, the Judges shall comment on the state, suitability and development of the underlying law , wi th any recommendations as to improvement that they think it proper to make.
S ch.2.6. Adoption of pre-Independence laws.
(1) In Subsection (2), "pre-Independence law" means—
PNG National Legislation
(a) a law (including a law that had not yet come into operation) that was repealed by the Laws Repeal Act 1975 made by the pre-Independence House of Assembly for Papua New Guinea , and includes—
other than such a law that was repealed or superseded, or had expired or was spent, before the commencement of the Laws Repeal Act 1975; and
S ch.2.7. Adaptation of adopted law.
PNG National Legislation
S ch.2.8. Effect of Part 5.
accordance with Part 3 of this Schedule ( development of an underlying law for Papua New Guinea ).
(2) Except as provided by or under an Act of the Parliament , this Part does not apply to or in respect of village courts .
S ch.2.9. Subordination of courts.
PNG National Legislation
S ch.2.10. Conflict of precedents.
(1) Where it appears to a court other than the Supreme Court or the National Court that—
(iii ) is seriously inconsistent with the trend of the adaptation and
development of the law in other respects, then unless the question is trivial, vexatious or irrelevant the court may, and shall if so requested by a party to the matter, state a case to the court that made the decision or decisions or the equivalent court, or if there be no such court to the Natio nal Court, and take whatever other action (including the adjournment of proceedings) is appropriate.
(2) Where a case is stated in accordance with Subsection (1), the court to which it is stated may require or permit the Minister responsible for the National Justice Administration to be represented by counsel to assist the court.
S ch.2.11. Prospective over-ruling.
PNG National Legislation
S ch.2.12. Outside decisions.
(1) For the purposes of this section, except in a matter before the Supreme Court or the National Court—
subject to any decision of law of the Supreme Court or the National Court, as the case may be, to the contrary, but otherwise no decision of law of a court or tribunal that was not established within the National Judicial System is binding on a court withi n it.
(2) Subsection (1) does not prevent recourse to the decisions of law or the opinions of courts or tribunals outside the National Judicial System (including courts or tribunals of jurisdictions other than Papua New Guinea ) for their persuasive value.
S ch.2.13. Establishment of the Commission.
(1) An Act of the Parliament shall make provision for and in respect of a Law Reform Commission.
(2) Only citizens may be members of the Commission.
S ch.2.14. Special functions of the Commission.
In addition to its other functions and responsibilities under any law , it is a special responsibility of the Law Reform Commission to investigate and report to the Parliament and to the National Executive on the development, and on the adaptation to the ci rcumstances of the country , of the underlying law , and on the appropriateness of the rules and principles of the underlying law to the circumstances of the country from time to time.
PNG National Legislation
SCHEDULE 3.
Sec.Sch.1.2(1).
DECLARATION OF OFFICE.
I…, do promise and declare that I will well and truly serve the Independent State of Papua New Guinea and its People in the office of…
SCHEDULE 4.
Sec.Sch.1.2(1).
JUDICIAL DECLARATION.
I…, do promise and declare that I will well and truly serve the Independent State of Papua New Guinea and its People in the office of…, that I will in all things uphold the Constitution and the laws of the Independent State of Papua New Guinea , and I will do right to all manner of people in accordance therewith, without fear or favour, affection or ill-will.
SCHEDULE 5.
Sec.Sch.2.6.
ADOPTED LAWS OF OTHER COUNTRIES . PART 1.—AUSTRALIA.
Continental Shelf (Living Natural Resources) Act 1968—Sections 9 and 14 only.
Explosives Act 1901-1973 .
Judiciary Act 1903-1969—Section 84 only.
Marine Insurance Act 1909-1966.
Navigation Act 1912-1973.
Patents Act 1903-1973—Section 123 only .
Petroleum (Submerged Lands) Act 1967-1968—Section 11 only.
Nationality and Citizenship Act 1948-1967—Section 5(3) only .
Seamen's Compensation Act 1911-1972—Section 4 only (in relation to a ship registered in the country under the Merchant Shipping Act 1894, as amended, of England).
Seamen's War Pensions and Allowances Act 1940-1974.
Submarine Cables and Pipelines Protection Act 1963-1973. PNG National Legislation
Merchant Shipping Act 1894 . Merchant Shipping Act 1897 . Merchant Shipping (Liability of Ship owners and Others) Act 1900 . Merchant Shipping Act 1906 . Merchant Shipping Act 1911 . Maritime Conventions Act 1911 . Merchant Shipping Act 1921 . Fees (Increase) Act 1923 .
INDEPENDENT STATE OF PAPUA NEW GUINEA . CHAPTER No. 1 . Constitution .
APPENDIX. CONSTITUTIONAL AMENDMENTS.
Amendment No. 1—Provincial Government . Amendment No. 2—Provincial Government Elections . Amendment No. 3—Provincial Government (Consequential amendments) . Amendment No. 4—Leadership Code . Amendment No. 5—Citizenship . Amendment No. 6—Benefits and Pensions . Amendment No. 7—Suspension and Re-establishment of Provincial Governments . Constitutional Amendment No 8—Public Services Commissio n Constitutional Amendment No. 9—Salaries and Remuneration Commissio n Constitutional Amendment No. 10—The Parliament and Financ e Constitutional Amendment No. 11—Liberty of the Perso n Constitutional Amendment No. 12—Leadership Cod e
PNG National Legislation
Constitutional Amendment No. 13—Protection of the Law Constitutional Amendment No. 14—Motions of No Confidence Constitutional Amendment No. 15—Elections Constitutional Amendment No. 16—Provincial Governments and Local-level
Governments
Constitutional Amendment No. 17—Further Provisions relating to Provincial Governments and Local-level Governments
Constitutional Amendment No. 18 - Commencement of Constitutional Amendments Nos.
16 and 17
Constitutional Amendment No. 19 - Elections
Constitutional Amendment No. 20 - Commencement of Constitutional Amendments Nos.
16 and 17 - Further Amendment
Constitutional Amendment No. 21—Salaries and Remuneration Commission
Constitutional Amendment No. 22—Integrity of Political Parties and Candidates
Source record
Source and verification
Constitution as amended by the 2025 Christian Country amendment · faolex.fao.org · Retrieved 18 August 2026.
Check the upstream source for currency, amendments, and official formatting. The recorded status describes this source version.
Open upstream source