Publications

The Law Commission’s report Invasion of Privacy: Penalties and Remedies: Review of the Law of Privacy: Stage 3 has been tabled in Parliament. The report recommends the enactment of a new Surveillance Devices Act which would provide for criminal offences and a right of civil action in relation to the use of visual surveillance, interception and tracking devices. The report also recommends some changes to the Harassment Act 1997 so that it applies more clearly to instances in which surveillance is used for the purpose of harassment; some new offences targeting voyeurism; and some changes to the law governing surveillance by private investigators. The report recommends that the tort of invasion of privacy should be left to develop at common law.

The Law Commission’s report 112, Review of the Civil List Act – the Governor-General, has been tabled in Parliament. The report recommends that Part 1 of the Civil List Act 1979, relating to remuneration and support for the Governor-General, should be repealed and replaced by a modern, stand-alone Act.

The Law Commission's report Review of Part 8 of the Crimes Act 1961: Crimes Against the Person (NZLC R111, November 2009) has been tabled in Parliament. The report recommends that many of the offences in Part 8 of the Crimes Act should be repealed and replaced, including sections 188, 189, 193, and 196 (which are the core assault and injury offences); sections 145, 160 and 190 (which address criminally negligent behaviour); and offences relating to child neglect and ill treatment.

The Commission's latest report, reviewing the law relating to the suppression of information in criminal cases, has been tabled in Parliament. The report recommends that sections 138 - 141 of the Criminal Justice Act 1985 be repealed, and replaced with a new statutory framework. In particular the Commission recommends that there should be a clearer statutory test for name suppression, with grounds specified in the legislation.

The Law Commission’s report Private schools and the law was published on 22 September 2009. The report recaps the key issues and principles that have informed the review and then sets out recommendations for the reform of the law relating to private schools in New Zealand. The main areas in which we make recommendations are the registration criteria and process, compliance and enforcement, suspensions and expulsions, distance learning and statutory architecture. The report is accompanied by a possible draft bill.

The occasional paper is a summary of the Commission's Issues Paper, 'Alcohol In Our Lives' (NZLC IP15) which reviews the regulatory framework relating to the sale and supply of liquor. There is a submission form included in the summary which can be sent back to the Commission with your comments on the review. Submissions close at 5pm, 30 October 2009. For enquiries email liquor@lawcom.govt.nz

In December 2009, a Bill Plan was released for consultation that sets out the key proposals arising from the Simplification project. Submissions on the Bill Plan, and its accompanying Commentary, close on 1 March 2010. It is anticipated that a bill reflecting the project’s final proposals will be introduced into Parliament in 2010.

'Review of the Privacy Act 1993' (NZLC IP17, Wellington, 2010) is an Issues Paper for stage 4 of the Law Commission's Review of Privacy Law. The issues paper looks at a range of issues in relation to the Privacy Act 1993, including the scope and approach of the Act; the role of the Privacy Commissioner; complaints and enforcement processes; sharing of personal information between government agencies; the implications of technological developments; and direct marketing. The issues paper makes some proposals for reform on which it seeks submissions, and also asks some open-ended questions. The Commission welcomes submissions on the issues paper, and the deadline for submissions is 30 April 2010. The issues paper can be downloaded from this website as a whole document, or individual chapters can be downloaded. A summary of the document can also be downloaded from this website. Hard copies of the issues paper are not available. Information about making submissions can be found at the front of the issues paper or at the back of the summary, and any questions can be sent to privacy@lawcom.govt.nz.

'Controlling and regulating drugs' (NZLC IP16, Wellington 2010) is an Issues Paper which traces the history of drug policy and regulation in New Zealand, and reviews the current approach to drug control and regulation. It makes some preliminary proposals for how New Zealand’s drug laws can be updated to put in place a modern and evidence-based statute. The Commission welcomes comments or submissions on the Issues Paper, which is available by clicking on the document below, or on the Have Your Say tab on the navigation bar above, which will allow you to make a submission online. The closing date for submissions is Friday 30 April 2010. Submissions should be directed to Drugs Review submissions, Law Commission, PO Box 2590, Wellington 6140, or by email to drugsreview@lawcom.govt.nz. Hard copies of the Issues Paper are not available. A summary of the paper can be downloaded from this website or at www.talklaw.co.nz

'Alcohol In Our Lives' (NZLC IP15, Wellington 2009) is an Issues Paper which reviews the regulatory framework relating to the sale and supply of liquor. The Commission welcomes comments or submissions on the Issues Paper, which is available by clicking on the document below, or on the Have Your Say tab on the navigation bar above, which will allow you to make a submission online. The closing date for submissions is Friday 30 October 2009. Submissions should be directed to the Liquor Project Coordinator, Law Commission, PO Box 2590, Wellington 6140, or by email to liquor@lawcom.govt.nz . Hard copies of the Issues Paper are no longer available. A summary of the paper can be downloaded from this website or at www.talklaw.co.nz