The legal system of Papua New Guinea
A common-law system built on an autochthonous constitution — one adopted by Papua New Guinea's own Constituent Assembly in 1975 rather than granted by an imperial statute. Its most distinctive feature is that custom is a direct source of the underlying law: Schedule 2.1 of the Constitution adopts custom as part of the underlying law, and the Underlying Law Act 2000 directs courts to apply custom first and the common law only where custom does not cover the point. About 97% of land is customary and cannot be sold. Roughly 1,600 Village Courts apply custom to everyday disputes and handle far more matters than the formal courts.
Legal tradition
Papua New Guinea belongs to the common law with customary law tradition. A common-law system built on an autochthonous constitution — one adopted by Papua New Guinea's own Constituent Assembly in 1975 rather than granted by an imperial statute. Its most distinctive feature is that custom is a direct source of the underlying law: Schedule 2.1 of the Constitution adopts custom as part of the underlying law, and the Underlying Law Act 2000 directs courts to apply custom first and the common law only where custom does not cover the point. About 97% of land is customary and cannot be sold. Roughly 1,600 Village Courts apply custom to everyday disputes and handle far more matters than the formal courts.
How power is divided
Decentralised but not federal. Twenty-two provinces, including the National Capital District, have provincial governments with limited legislative power under the Organic Law on Provincial Governments and Local-level Governments 1995. The Autonomous Region of Bougainville has a distinct constitutional status: its 2019 non-binding referendum returned 97.7% for independence, and the Constitution was amended in 2024 to provide a ratification pathway.
Where law comes from
- The Constitution and Organic Laws
- Supreme law; Organic Laws sit above ordinary statute.
- Acts of the National Parliament
- Unicameral legislature of 118 members.
- Custom
- Adopted as part of the underlying law by Schedule 2.1 and applied first under the Underlying Law Act 2000.
- Common law and equity
- The pre-independence English common law, but only where custom does not apply and it suits PNG circumstances.
- Judicial precedent
- Supreme Court decisions bind all lower courts.
The legal profession
A fused profession under the Lawyers Act 1986: lawyers are admitted by the National Court and hold an unrestricted or restricted practising certificate issued by the Papua New Guinea Law Society. Most qualify through the University of Papua New Guinea law degree and the Legal Training Institute's practical course. The Law Society regulates admission and discipline, and the Public Solicitor is the main provider of representation for those who cannot pay.
Law by topic in Papua New Guinea
- Immigration & NationalityMigration Act 1978 visas tied to work permits from LabourEntry runs on the Migration Act 1978, but a foreign worker needs two separate instruments: a work permit from the Department of Labour and Industrial Relations, and a visa from Immigration and Citizenship Authority.
- Tax LawIncome Tax Act 1959 with GST at 10% and resource project regimesIncome tax under a much-amended Income Tax Act 1959 administered by the Internal Revenue Commission, GST at 10%, and separate fiscal regimes for mining and petroleum projects.
- Business & CorporateCompanies Act 1997 with IPA registration and landowner consent issuesThe Companies Act 1997, modelled on New Zealand's 1993 Act, is administered by the Investment Promotion Authority. Foreign enterprises must be certified by the IPA before carrying on business.
- Constitutional Law1975 Constitution making custom part of the underlying lawAn autochthonous 1975 Constitution with a justiciable Basic Rights chapter, National Goals and Directive Principles, and — unusually — a formal instruction that custom forms part of the country's underlying law.
- Property & LandAbout 97% customary land, unregistered and inalienableRoughly 97% of PNG's land is customary land held by clans under custom, outside the registered title system entirely. Only about 3% is alienated land available for ordinary dealing.
- Employment & LabourEmployment Act 1978 with reserved occupations for citizensMinimum terms come from the Employment Act 1978 and determinations of the Minimum Wages Board, with collective bargaining under the Industrial Relations Act 1962 and a reserved occupations list protecting citizen employment.
- Family LawStatutory and custom marriage side by side, with Village CourtsTwo parallel systems of marriage: statutory marriage under the Marriage Act 1963 and customary marriage recognised by law, with divorce and family disputes often heard in Village Courts applying custom.
- Criminal LawCriminal Code Act 1974 with the death penalty abolished in 2022A codified criminal law in the Queensland Griffith Code tradition, the Criminal Code Act 1974, prosecuted by the Public Prosecutor. Parliament abolished the death penalty in January 2022.
- Civil ProcedureNational Court Rules with 1,000+ Village Courts at the baseA hierarchy of Village Courts, District Courts, the National Court and the Supreme Court as final appellate court — with more than a thousand Village Courts handling the bulk of everyday disputes under custom.
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