Use the options available in the box on the left hand side to view a list of Law Commission publications. You can filter by year and publication type.
Reports
This report presents the Commission's recommendations following its review of the Statutes Drafting and Compilation Act 1920, the legislation which established what is now called the Parliamentary Counsel Office.
The Commission's latest report, Review of Regulatory Framework for the Sale and Supply of Liquor: Part 1: Alcohol Legislation and the Conscience Vote (NZLC R106, Wellington 2009) examines the use of the conscience vote in the New Zealand House of Representatives. It explains how conscience voting differs from standard party-based voting. The report then looks at why conscience voting has historically been so popular for Bills dealing with the sale and supply of alcohol. The report suggests that it is preferable that future alcohol Bills be subject to standard party-based voting given the risks conscience voting poses to the clarity and effectiveness of the laws passed by Parliament.
The Commission's latest report, Presentation of New Zealand Statute Law (NZLC R104, Wellington 2008) discusses the problem of access to New Zealand Acts of Parliament. It notes that the law is often difficult to find, and difficult to understand when it has been found. The report recommends that an index of Acts of Parliament be produced; that there be a programme to rewrite and revise old Acts so as to make them easier to understand; and that dead wood be repealed.
The Commission's latest report reviewing the law as it relates to the admissibility of previous convictions, similar offending and bad behaviour in New Zealand, has been tabled in Parliament. The central piece of legislation considered in the Report is the Evidence Act 2006. The Commission’s report makes no recommendation to amend the law at this point but proposes that it should continue to monitor the operation and impact of the Act in this area, and report back to government by 28 February 2010.
The Commission's latest report reviewing and updating the law relating to public inquiries in New Zealand has been tabled in Parliament. The central piece of legislation considered in the Report is the Commissions of Inquiry Act 1908, which sets out the overarching framework and powers of commissions of inquiry and royal commissions.
The Law Commission’s report on Public Registers was published on 19 February 2008
The report identifies well over one hundred public registers in New Zealand – including rates databases and dog registers, land registers transport registers, the electoral rolls, births, deaths and marriages registers.
Regulating the balance between open access to the registers and protection of personal information varies greatly. The Commission recommends that a dedicated team should review all public registers against a template set out in the report. Recommendations for resulting legislative changes should then be introduced by way of a single Omnibus Bill.
However, the Law Commission’s recommendation for a public register review will not be considered by the Government until the Commission’s reference on the Privacy Act 1993 is completed.
In 1997 the Law Commission recommended a simplified procedure for dealing with habeas corpus applications. The Law Commission's recommendations were implemented by the Habeas Corpus Act 2001. While the new procedure has generally worked well, some practical problems emerged. The Minister of Justice invited the Law Commission to make recommendations to address those problems. The Commission published a draft study paper in September 2007 and invited public submissions. This report makes recommendations for some refinements to the procedure in light of those submissions.
The Partial Defence of Provocation
The Law Commission first recommended the repeal of provocation in 2001, in Some Criminal Defences with Particular Reference to Battered Defendants (NZLC R73). In 2004, we were asked by the government to consider some further issues. This report (NZLC R98) addresses those issues. We have again concluded that section 169 of the Crimes Act 1961 should be repealed, thereby abolishing the partial defence of provocation in New Zealand. We believe that it will be preferable for provocation to be dealt with by judges solely as a sentencing issue.
Related to the Criminal Defences (Insanity and Partial Defences) project.
Search and Surveillance Powers - NZLC R97
Published June 30 2007
This report makes 300 recommendations for clarifying, rationalising and codifying the present law relating to the search and surveillance powers of law enforcement agencies. The recommendations include a number of proposals for modification or additions to the present law.
The Law Commission released its report on Reforming the Law of Sedition on 5 April 2007, recommending that the seditious offences in sections 81-85 of the Crimes Act 1961 be repealed.
Sentencing Guidelines and Parole Reform
NZLC R94 contains recommendations for the establishment of a Sentencing Council, to draft sentencing guidelines, and the reform of parole, so that at least two-thirds of a determinate prison sentence is served.
Related to the Sentencing and Parole project.
The Law Commission’s report Access to Court Records contains recommendations for the principles and rules that should govern access to court records.
The report "Waka Umanga: A Proposed Law for Maori Governance Entities" contains recommendations for legislation to provide for a new legal entity specifically designed for Maori groups that manage communally owned assets.
The report Forfeiture under the Customs and Excise Act 1996. The report is a review of Part XIV of the Customs and Excise Act 1996 (forfeiture and seizure provisions) and attaches draft legislation for reform of this part of the Act.
Report (NZLC R89) for the Criminal Pre-Trial Processes project. This report makes 70 recommendations to reform the pre-trial management of summary and electable cases in the District Court.
Report (NZLC R88) for the Status of Parenthood project.
Report (NZLC R87) for the Life Insurance project. The report contains the Commission’s recommendations as to the framework for the regulation of life insurers and life insurance products in New Zealand.
Report (NZLC R85) for the Structure of the Courts project. The Commission makes 160 recommendations aimed at improving the way the court system works. It is the final part of a three-stage review, which has focussed on the daily reality for those using and working in the court system.
Report (NZLC R83) for the Improving Arbitration project.
Report (NZLC R82) for the Family Court Dispute Resolution project.
Report (NZLC R80) for the Protection of the Intellectually Disabled project.
Report (NZLC R79) for the Trusts project.
Related to the Trusts project.
Report (NZLC R78) for the Discovery project.
Report (NZLC R77) for the Joint Family Homes project.
Report (NZLC R76) for the Factual Basis for Sentencing project.
Report (NZLC R74) for the Minority Buyouts project.
Report (NZLC R73) for the Battered Defendants project.
Report (NZLC R72) for the Subsidising Litigation project.
Report (NZLC R71) for the Enduring Powers of Attorney project.
Report (NZLC R70) for the Double Jeopardy project.
Report (NZLC R69) for the Juries project.
Related to the Juries project.
Report (NZLC R68) for the Electronic Commerce project. This report is related to R50 & R58.
Report (NZLC R67) for the Tax and Privilege project.
Report (NZLC R66) for the Criminal Prosecution project.
Report (NZLC R65) for the Adoption project.
Report (NZLC R64) for the Defamation project.
Report (NZLC R62) for the Coroners project.
Report (NZLC R61) for the Limitation of Action project.
Report (NZLC R60) for the Costs in Criminal Cases project.
Report (NZLC R59) for the Shared Ownership project.
Report (NZLC R58) for the Electronic Commerce : Part Two project. This report is related to R50 & R68
Report (NZLC R57) for the Retirement Villages project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R55) for the Evidence project.
Report (NZLC R54) for the Computer Crime project.
Report (NZLC R53) for the Justice : the Experiences of Maori Women project.
Report (NZLC R52) for the Cross-Border Insolvency project.
Report (NZLC R51) for the Theft by Procurring project.
Report (NZLC R50) on the Electronic Commerce : Part One project. This report is related to R58 & R68.
Report (NZLC R49) for the Wrongful Conviction project.
Report (NZLC R47) on the Civil Contribution project.
Report (NZLC R46) on the Insurance Law project.
Report (NZLC R45) on the Treaty Making Process project.
Report (NZLC R44) for the Habeas Corpus project.
Report (NZLC R42) for the Witness Anonymity project.
Report (NZLC R41) for the Succession project. This report examines the conceptual basis of the system of intestate succession.
Report (NZLC R40) for the Official Information Act project.
Report (NZLC R39) seeks to address the issue that right from the time of the enactment of the Matrimonial Property Act 1976 it has been considered anomalous that that statute’s provisions do not apply where either spouse has died. A principal purpose of the changes recommended by the report is to ensure that the position after death marches in step with the position for the living.
Report (NZLC R38) for the Succession project. This report looks at the effect of homicide on rights of succession.
Report (NZLC R37) for the Crown Liability project.
Report (NZLC R35) for the Legislation Manual project.
Report (NZLC R34) for the International Law project.
Report (NZLC R31) for the Police Questioning project. This report proposes legislative reform of the present law: to give persons suspected of criminal offences precisely defined rights to be informed of their rights, especially to remain silent and to have legal assistance; to give the police powers to detain and question suspects for the defined periods after they have arrested them in exercise of their current powers of arrest, and; to give clear guidance to the courts when exercising their powers to refuse to admit evidence obtained unlawfully or unfairly.
Report (NZLC R30) for the Dangerous Offenders project.
Report (NZLC R29) for the Property Law Act project.
Report (NZLC R28) for the Aspects of Damages : Award of Interest project. This report recommends a comprehensive mandatory scheme for the award of interest on money claims in court proceedings.
Report (NZLC R27) for the Format of Legislation project.
Report (NZLC R25) for the Contract Statutes Review project.
Report (NZLC R23) for the International Sales of Goods project.
This Report (NZLC R22) addresses the balance of emergency powers. As its extent indicates, it covers a wide range of matters. The Commission recommends that when emergency powers are required they should be conferred in sectoral legislation, that is, legislation tailored to the needs of the particular kind of emergency.
Report (NZLC R20) for the Arbitration project.
Report (NZLC R19) for the Aspects of Damages : Part 2 project. This report considers the rules in Bain v Fothergill and Joyner v Weeks. The Commission concludes that the rules established in the two cases were unjustified and contrary to principle. It proposes that they be abolished by amendments to the Property Law Act 1952. This Report follows Report 18 : Aspects of damages : employment contracts and the Rule in Addis v Gramophone Co.
Report (NZLC R18) for the Aspects of Damages : Part 1 project. The Report arises from ongoing work on damages and the introduction into Parliament of the Employment Contracts Bill. The rule in the Addis case denied damages for the harshness and oppression accompanying a dismissal from employment and any loss sustained from discredit thrown upon the employee. That limit is inconsistent with the general principles of the law of damages; the application of the rule is uncertain; its scope of application in New Zealand is narrowed in an anomalous way by legislative provision (also contained in the new Bill); and its continued force in New Zealand is unclear in the light of recent judicial decisions and criticism. This Report is followed by Report 19 : Aspects of damages : the Rules in Bain v Fothergill and Joyner v Weeks.
Report (NZLC R17) for the Legislation and its Interpretation project.
Report (NZLC R16) for the Company Law : Part 2 project. This report follows on from an earlier report, R 9 : Company law : reform and restatement.
Report (NZLC R14) for the Criminal Procedure : Disclosure and Commmittal project.
Report (NZLC R13) for the Intellectual Property project.
The First Report (NZLC R12) for the National Emergencies project.
Report (NZLC R11) for the Statutory Publications Bill project.
Report (NZLC R9) for the Company Law : Part 1 project. This Report is followed by a later report, Report 16 : Company law reform : transition and revision
Report (NZLC R8) for the Personal Property project.
Report (NZLC R7) for the Courts project.
Related to the Courts project.
Report (NZLC R6) for the Limitations project.
Report (NZLC R4) for the Accident Compensation project.
Report (NZLC R3) for the Accident Compensation project.
Report (NZLC R1) for the Imperial Legislation project.
Preliminary Papers
Preliminary Paper (NZLC PP55) for the Criminal Pre-Trial Processes project.
Discussion paper (NZLC PP54) for the Status of Parenthood project.
Discussion paper (NZLC PP53) for the Life Insurance project. The paper sets out New Zealand’s current system of life insurance regulation, as well as regulation in Australia, UK and other jurisdictions, and international principles that have been developed.
Seeking Solutions (NZLC PP52) is the second discussion paper for the Structure of the Courts project. It is a detailed offering of alternatives for reform, following submissions and consultation meetings on Striking the Balance, and an assessment of national and international issues and trends in court reform.
Striking the Balance (NZLC PP51) is the first discussion paper for the Structure of the Courts project. It is a general raising of issues relating to the structure and operation of the court system seeking widespread public and professional response as to the problems encountered and any suggested improvements.
This is the first discussion paper (NZLC PP50) of an intended comprehensive examination of central and local government agency powers to enter private property, carry out searches, and seize goods for use as evidence.
Preliminary Paper (NZLC PP49) for the Review of the Privacy Act project.
Preliminary Paper (NZLC PP48) for the Trusts project.
Related to the Trusts project.
Preliminary Paper (NZLC PP47) for the Family Court Dispute Resolution project.
Preliminary Paper (NZLC PP46) for the Improving Arbitration project.
Preliminary Paper (NZLC PP45) for the Discovery project.
Preliminary Paper (NZLC PP44) for the Joint Family Homes project.
Preliminary Paper (NZLC PP43) for the Subsidising Litigation project.
Preliminary Paper (NZLC PP42) for the Double Jeopardy project.
Preliminary Paper (NZLC PP41) for the Battered Defendants project.
Preliminary Paper (NZLC PP40) for the Enduring Powers of Attorney project.
Preliminary Paper (NZLC PP39) for the Limitation of Action project.
Preliminary Paper (NZLC PP38) for the Adoption project.
Preliminary Paper "Juries in Criminal Trials : Part Two Volume 1" (NZLC PP32) for the Juries project.
Related to the Juries project.
Preliminary Paper "Juries in Criminal Trials : Part Two Volume 2" (NZLC PP32) for the Juries project.
Related to the Juries project.
Preliminary Paper (NZLC PP36) for the Coroners project.
Preliminary Paper (NZLC PP35) for the Shared Ownership project.
Preliminary Paper (NZLC PP34) for the Retirement Villages project.
Preliminary Paper (NZLC PP33) for the Defamation project.
Preliminary Paper "Juries in Criminal Trials : Part One" (NZLC PP32) for the Juries project.
Related to the Juries project.
Preliminary Paper (NZLC PP31) for the Wrongful Conviction project.
Preliminary Paper (NZLC PP30) on the Contracts Enforcement project.
Preliminary Paper (NZLC PP29) for the Witness Anonymity project.
Preliminary Paper (NZLC PP28) for the Criminal Prosecution project.
Preliminary Paper (NZLC PP27) for the Evidence project, related specifically to the character and credibility issues.
Preliminary Paper (NZLC PP26) for the Evidence project, related specifically to the evidence of children and other vulnerable witnesses.
Preliminary Paper (NZLC PP25) for the Evidence project, related specifically to privilege against self-incrimination.
Preliminary Paper (NZLC PP24) for the Succession project, related specically to testamentary claims.
Preliminary Paper (NZLC PP23) for the Evidence project, related specifically to privilege.
Preliminary Paper (NZLC PP22) for the Evidence project, related specifically to documentary evidence and judicial notice.
Preliminary Paper (NZLC PP21) for the Police Questioning project.
Preliminary Paper (NZLC PP20) for the Property Statutes project.
Preliminary Paper (NZLC PP19) on the Civil Contribution project.
Preliminary Paper (NZLC PP18) for the Evidence project, related specifically to expert evidence and opinion.
Preliminary Paper (NZLC PP17) for the Aspects of Damages : Award of Interest project.
Preliminary Paper (NZLC PP16) for the Property Law Act project.
Preliminary Paper (NZLC PP15) for the Evidence Law project, related specifically to hearsay.
Preliminary Paper (NZLC PP14) for the Evidence Law project, related specifically to codification.
Preliminary Paper (NZLC PP13) for the Evidence Law project, related specifically to Principles for Reform.
Preliminary Paper (NZLC PP12) for the Criminal Prosecution project.
Discussion Paper (NZLC PP11) discusses the complex and controversial issue of "unfair" or "unconsciouable" or "oppressive" contracts, outlining the present state of the law as well as possibilities for changes to that law through legislation.
Preliminary Paper (NZLC PP10) for the Evidence Law project, related specifically to hearsay evidence.
Preliminary Paper (NZLC PP9) for the Maori Fisheries project.
Preliminary Paper (NZLC PP8) for the Legislation and its Interpretation project.
Preliminary Paper (NZLC PP7) for the Arbitration project.
Preliminary Paper (NZLC PP6) for the Personal Property project.
Preliminary Paper (NZLC PP5) for the Company Law : Part 1 project.
Preliminary Paper (NZLC PP5) for the Company Law : Part 2 project.
Preliminary Paper (NZLC PP4) for the Courts project.
Related to the Courts project.
Preliminary Paper (NZLC PP3) for the Limitations project.
Preliminary Paper (NZLC PP2) for the Accident Compensation project.
Preliminary Paper (NZLC PP1) for the Legislation and its Interpretation project.
Reforms to the Sentencing and Parole Structure: Consultation Draft
This paper – essentially an unpublished preliminary paper – was distributed to stakeholders in April 2006, to solicit their views on our proposed sentencing and parole reforms. As a result of that feedback, many changes were made. A final report, Sentencing Guidelines and Parole Reform (NZLC R94), has since been issued.
Related to the Sentencing and Parole project.
Study Papers
The Commission’s study paper, Tribunal Reform (NZLC SP20, Wellington 2008) examines a range of different options for reforming New Zealand’s system of tribunals. It proposes a new unified tribunal service led by a District Court Judge and a new legislative framework which will provide a consistent set of powers, rights of appeal, and rules of procedure for all New Zealand’s tribunals. The proposals for reform contained in chapters 5 and 6 of the paper were developed in conjunction with the Ministry of Justice after a careful assessment of the existing problems faced by tribunals and an examination of the ways in which some other countries have dealt with similar problems. The later chapters of the paper contain the Law Commission’s proposals for the proposed legislative framework. Further work is needed to develop this framework, and the Commission is seeking comment on the proposals it has set out in chapters 7, 8 and 9 of this study paper. The closing date for submissions is 28 February 2009. Submissions can be sent to the General Manager, Law Commission, PO Box 2590, Wellington 6140, or by email to tribunalreform@lawcom.govt.nz. The paper can be downloaded free from this website (see pdf document below).
This study paper is the outcome of stage 1 of the Law Commission’s Review of Privacy, and provides background for the later stages. It establishes a conceptual framework for the Review; examines social attitudes, technological developments, and international trends relating to privacy; and looks at some particular issues that will be discussed in more detail in the later stages of the Review. It does not include recommendations.
The Law Commission has been asked to look at some technical matters related to habeas corpus. This is our draft study paper and draft Bill upon which we call for submissions by 24 September 2007.
Custom and Human Rights are embedded in many Pacific constitutions or statues, yet the two concepts are often percieved as conflicting. The focus of this study is the practical operation of justice mechanisms, including both the courts and the wide range of community justice bodies found in the Pacific. Development of a Pacific jurisprudence will only occur as Pacific nations find ways to better intergrate these two sources of law.
Study Paper (NZLC SP16): The Infringement System A Framework for Reform. The study paper contains the Commission's recommendations regarding the breadth and scope of infringement offences and their penalty structures. The paper is the Commission's contribution to a joint review with the Ministry of Justice.
Study Paper (NZLC SP15) for the Covert Filming project. This paper responds to the government’s request for advice on any required law changes to deal with secret filming, recommends new criminal offences for making, distributing and possessing covertly filmed intimate images.
Study Paper (NZLC SP14) for the Genetic Modified Organisms project.
Study Paper (NZLC SP13) for the After Settlement Assests project.
Study Paper (NZLC SP12) for the Electronic Technology and Police Investigations project. This project is related to Entry Search and Seizure project (NZLC PP50).
Study Paper (NZLC SP11) for the Insolvency project.
Study Paper (NZLC SP10) for the Judicial Review project.
Study Paper (NZLC SP9) for the Maori Customary Law project.
Study Paper (NZLC SP8) for the Representation Rights under Te Ture Whenua Maori Act 1993 project.
Study Paper (NZLC SP7) for the Simplification of Criminal Procedure Legislation project. Related to Infringement Project.
Study Paper (NZLC SP6) for the Interpretation Act 1999 - Section 28 project.
Study Paper (NZLC SP5) for the Electronic Commerce project, as this paper precedes the final report (NZLC R5) it has been added to Part Three of the project.
Study Paper (NZLC SP4) for the Same-Sex Relationships project.
Study Paper (NZLC SP3) for the Contractors Liens project.
Study Paper (NZLC SP2) for the Insolvency Issues project.
Study Paper (NZLC SP1) for the Women and Access to Justice project.
Miscellaneous Papers
A Conceptual Approach to Privacy (NZLC MP19, Wellington, 2007), attempts to develop a possible approach to conceptualising privacy with a view to assisting stage 1 of the Law Commission's review of privacy project. The aim of the paper is to establish a conceptual framework for starting to think theoretically about privacy and for practically assessing the present legal regime relating to privacy. As a framework for legal analysis, it will represent the starting point to the Law Commission's approach in stage 1 of its privacy review and a basis for putting some assumptions on the table so that constructive discussion can emerge as the Law Commission's review proceeds through all of its four stages. Related to the Review of Privacy project.
Please note only available to download.
The Law Commission has in the past done two reports on the Limitation Act 1950 NZLC R 6 (1988) and NZLC R 61 (2000). When the Government indicated it wished to advance legislation on the topic, the Commission instructed Christopher Corry, Barrister to review these reports and draw attention to subsequent developments in the law.
Mr Corry’s report has been an illuminating contribution and has been made available by the Commission to the Ministry of Justice to assist in settling the policy. The Law Commission makes it available on the Law Commission’s website so that people interested can become familiar with the issues.
In June and July 2007, Te Puni Kokiri and the Law Commission will undertake consultation with tribal and other Maori groups, also legal and business interest groups, on the Waka Umanga (Maori Corporations) Bill as drafted by Parliamentary Counsel Office. The draft Bill provides a legal entity (waka umanga) tailored to meet the organisational needs of Maori tribes and other groups that manage communal Maori assets. [For enquiries please contact Edwina Merito, Senior Policy Analyst, Te Puni Kokiri. Tel: 04 819 6069 Email: Edwina.Merito@tpk.govt.nz.
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Miscellaneous Paper (NZLC MP13) for the Evidence project.
Miscellaneous Paper (NZLC MP12) for the Costs in Criminal Cases project.
Miscellaneous Paper (NZLC MP3) for the Women and Access to Justice project, related specifically to the education and training of law students and lawyers.
Miscellaneous Paper (NZLC MP10) for the Women and Access to Justice project, related specifically to lawyers' costs in family law disputes.
Miscellaneous Paper (NZLC MP9) for the Women and Access to Justice project, related specifically to women's access to legal advice and representation.
Miscellaneous Paper (NZLC MP8) for the Women and Access to Justice project, related specifically to women's access to civil legal aid.
Miscellaneous Paper (NZLC MP5) for the Parliamentary Privilege project. This project considers the law of Parliamentary privilege in New Zealand.
Miscellaneous Paper (NZLC MP4) for the Women and Access to Justice project, related specifically to women's access to legal information.
Miscellaneous Paper (NZLC MP3) for the Women and Access to Justice project, related specifically to information about lawyers' fees.
Miscellaneous Paper (NZLC MP2) for the Succession project, related specically to wills reform.
Miscellaneous Paper (NZLC MP1) for the Succession project, related specically to what should happen to your property when you die.
Regional analysis of variations in District Court sentencing
As part of its sentencing and parole project, the Law Commission engaged corporate finance and economics experts Taylor Duignan Barry to undertake an analysis of current New Zealand sentencing practice. We wanted to assess the degree of variation, if any, between court districts, to find out whether anecdotal evidence of inconsistent sentencing approaches was substantiated empirically. A summary of the findings is presented in the Appendix to Sentencing Guidelines and Parole Reform (NZLC R94). This document contains the full findings.
Terms of Reference
Terms of Reference - Review of the Sale of Liquor Act 1989
The Commission will review the Misuse of Drugs Act 1975 and make proposals for a new legislative regime consistent with New Zealand’s international obligations concerning illegal and other drugs.
The Law Commission will conduct a review of the Land Transfer Act 1952 with a view to modernising it and recommending such changes as may be appropriate. The review will reflect the fundamental soundness of the principles underlining the Torrens system of land registration that have been part of New Zealand law since 1870
The Commission will review the existing seditious offences set out in sections 80 to 85 of the Crimes Act 1961, and make proposals for any changes to the New Zealand law that are necessary and desirable.
The Law Commission will conduct a four stage review of privacy values, changes in technology, international trends, and their implications for New Zealand civil, criminal and statute law, with reports at each stage of the project.
The Commission will review and update the law relating to public inquiries in New Zealand. This review will include inquiries established as Royal Commissions and other commissions established under the Commissions of Inquiry Act 1908, Ministerial inquiries, ad hoc inquiries under specific statutes, and departmental inquiries.
Terms of reference for the sentencing and parole review.
Terms of reference for the Custom and Human Rights in the Pacific project.
Terms of reference for the Criminal Defences (Insanity & Partial Defences) project.
Terms of reference for the Review of Customs Powers of Forfeiture & Seizure project.
Terms of reference for the Review of Infringement Offences project.
Terms of reference for the Access to Court Records project.
Terms of reference for the Maori Legal Entities project.
Terms of reference for the Covert Filming project.
Terms of Reference for the Status of Parenthood project.
Terms of reference for the Criminal Pre-Trial Processes project.
Terms of reference for the Life Insurance project.
Terms of reference for the Genetic Modified Organisms project.
Terms of reference for the Family Court Dispute Resolution project.
Terms of reference for the Review of the Privacy Act project.
Terms of Reference for the Entry, Search and Seizure project.
Terms of reference for the Structure of the Courts project.
Terms of reference for the Joint Family Homes project.
Terms of reference for the After Settlement Assests project.
Terms of reference for the Adoption project.
Terms of reference for the Battered Defendant project.
Terms of reference on criminal procedure. Several publications were generated from this Terms of Reference including the Costs in Criminal Cases Report.
Terms of reference for the Justice : the Experiences of Maori Women project.
Terms of reference for the Habeas Corpus project.
Terms of reference for the Witness Anonymity project.
Terms of reference for the Official Information Act project.
Terms of reference for the Women and Access to Justice project.
Terms of reference for the Criminal Procedure projects, this included the following Police Questioning project.
Terms of reference for the Succession project.
Terms of Reference for the Evidence law project.
Terms of Reference for the Evidence Law project.
Terms of Reference for the Evidence Law project.
Terms of Reference for the Evidence Law project.
Terms of Reference for the Evidence law project.
Terms of reference for the Evidence project.
Terms of Reference for the Evidence Law projects.
Terms of Reference for the Criminal Prosecution projects.
Terms of Reference for the Criminal Procedure projects.
Terms of Reference for the National Emergencies project.
Terms of reference for the Crown Liability project.
Terms of reference for the Juries project.
Related to the Juries project.
Terms of Reference for the Courts project.
Related to the Courts project.
Terms of Reference for the Accident Compensation project.
Terms of Reference for the Imperial Legislation project.
Terms of Reference for the Company Law project.
Terms of Reference for the Company Law project.
Terms of Reference for the Format of Legislation project.
Terms of Reference for the Statutory Publications Bill project.
Terms of Reference for the Legislation and its Interpretation project.
Issues Paper
Invasion of Privacy:Penalties and Remedies NZLC IP14, Wellington 2009, is an issues paper which reviews the adequacy of New Zealand's civil, criminal and regulatory law to deal with invasions of privacy. In particular, it looks at the tort of privacy and surveillance. The paper raises questions and options for discussion and comment. The Commission welcomes any comments or submissions on the Issues Paper, which is available by clicking on the heading above. The closing date for submissions is Friday 29 May 2009. Submissions should be directed to General Manager, Law Commission, PO Box 2590, Wellington 6140, or by email to privacy@lawcom.govt.nz.The paper can be downloaded free from this website. Related to the Review of Privacy project.
Suppressing Names and Evidence: Issues Paper
Published 22 December 2008
Suppressing Names and Evidence (NZLC IP 13, Wellington, 2008) is an Issues Paper which reviews sections 138 – 141 of the Criminal Justice Act 1985, and identifies some issues that arise. The paper raises questions and options for discussion and comment.
The Commission welcomes any comments or submissions on the Issues Paper, which is available by clicking on the heading above. The closing date for submissions is Friday 13 February 2009. Submissions should be directed to Rachel Hayward, Senior Legal and Policy Adviser, Law Commission, PO Box 2590, Wellington 6140, or by email to suppression@lawcom.govt.nz .The paper can be downloaded free from this website. Related to the Simplification of Criminal Procedure project.
The Law Commission has published an Issues Paper, Private Schools and the Law (NZLC IP12, Wellington, 2008). This Issues Paper describes the private school sector in New Zealand and sets out the Law Commission’s preliminary views on the appropriate relationship between the state and private schools. The paper describes the law relating to private schools in New Zealand, Australia and the United Kingdom, summarises what the Law Commission considers to be the issues or problems to be addressed in this review, and sets out the Commission’s suggestions and options for the reform of the law relating to private schools in New Zealand. Public feedback is sought on these suggestions and options.
The closing date for submissions is 20 March 2009. Submissions can be sent to Sara Jackson, Legal and Policy Adviser, Law Commission, PO Box 2590, Wellington 6140, or by email to privateschools@lawcom.govt.nz. The paper can be downloaded free from this website (see pdf document below).
Compensating Crime Victims (NZLC IP 11, Wellington, 2008) is the Commission’s latest Issues Paper. The paper raises questions and options for discussion and comment. The Commission welcomes any comments or submissions on the Issues Paper. The closing date for submissions is 24 December 2008. Submissions should be directed to the General Manager of the Law Commission, Law Commission, PO Box 2590, Wellington 6140, or by email to victims@lawcom.govt.nz. The paper can be downloaded free from this website.
Review of the Land Transfer Act 1952 (NZLC IP 10, Wellington, 2008) is the Commission’s latest Issues Paper. The paper raises questions and options for discussion and comment. The Commission welcomes any comments or submissions on the Issues Paper. The closing date for submissions is 19 December 2008. Submissions should be directed to Janet November, Senior Legal and Policy Adviser or Julia Rendell, Legal and Policy Adviser of the Law Commission, Law Commission, PO Box 2590, Wellington 6140, or by email to landtransfer@lawcom.govt.nz. The paper can be downloaded free from this website in 2 separate parts (see pdf documents below).
Review of Prerogative Writs (NZLC IP 9, Wellington, 2008) is the Commission’s latest Issues Paper. The paper raises questions and options for discussion and comment. The Commission welcomes any comments or submissions on the Issues Paper. The closing date for submissions is 30 September 2008. Submissions should be directed to the General Manager of the Law Commission, Law Commission, PO Box 2590, Wellington 6140, or by email to writs@lawcom.govt.nz . The paper can be downloaded free from this website.
Review of the Civil List Act 1979 (NZLC IP 8, Wellington, 2008) is an Issues Paper which reviews the provisions and operation of the Civil List Act 1979. The paper raises questions and options for discussion and comment. The Commission welcomes any comments or submissions on the Issues Paper, which is available by clicking on the heading above. The closing date for submissions is Friday 5 September 2008. Submissions should be directed to Rachel Hayward, Senior Legal and Policy Adviser, Law Commission, PO Box 2590, Wellington 6140, or by email to civillist@lawcom.govt.nz . The paper can be downloaded free from this website. Related to the Review of the Civil List Act 1979 project.
Towards a New Veterans’ Entitlements Scheme: A Discussion paper on a Review of the War Pensions Act 1954 (NZLC IP7, Wellington 2008) is the Commission’s latest Issues Paper. The Commission welcomes any comments or submissions on the Paper. The closing date for submissions is 28 November 2008. Submissions should be directed to Lecretia Seales, Senior Legal and Policy Adviser, Law Commission, PO Box 2590, Wellington 6140, or by email to veterans@lawcom.govt.nz . Please note that the Law Commission has only a limited number of printed copies of the Paper (these will be available from 31st July 2008). It can be downloaded free from this website.
Tribunals in New Zealand (NZLC IP 6, Wellington 2008) is an issues paper which reviews New Zealand’s existing tribunal arrangements. It sets out the problems with current arrangements, summarises the way in which some other countries have dealt with similar problems, and sets out various options for dealing with the matter here. The Law Commission is working jointly with the Ministry of Justice on this project and this paper is published as part of the Commission’s contribution to that ongoing work. The Commission welcomes any comments or submissions on the paper, which is available by clicking on the heading above. The closing date for submissions is Wednesday 20 February 2008. Submissions should be directed to the General Manager, Law Commission, PO Box 2590, Wellington 6140, or by email to tribunals@lawcom.govt.nz . The paper can be downloaded free from this website.
Public Inquiries (NZLC IP 5, Wellington 2007) is a draft report which reviews and makes proposals about the law relating to public inquiries, including commissions of inquiry, royal commissions and non-statutory ministerial inquiries. The Commission welcomes any comments or submissions on the draft report, which is available by clicking on the heading above. The closing date for submissions is Thursday 31 January 2008. Submissions should be directed to the General Manager, Law Commission, PO Box 2590, Wellington 6011, or by email to inquiriesproject@lawcom.govt.nz . The paper can be downloaded free from this website. Related to the Public Inquiries project.
The Disclosure to Court of Defendants’ Previous Convictions, Similar Offending and Bad Character (NZLC IP 4, Wellington 2007) is the Commission’s latest Issues Paper. The Commission welcomes any comments or submissions on the Paper, which is available by clicking on the heading above. The closing date for submissions is Friday 15 February 2008. Submissions should be directed to the General Manager, Law Commission, PO Box 2590, Wellington 6011, or by email to previousconvictions@lawcom.govt.nz . Please note that the Law Commission has only a limited number of printed copies of the Paper (these will be available from 19th November 2007). It can be downloaded free from this website.
Related to Admissibility of Previous Convictions project.
Privacy Review: Public Registers Issues Paper
The Law Commission has produced an issues paper on the law relating to public registers. This is the consultation part of Stage 2 of the Law Commission’s review of privacy. The Commission welcomes any comments or submissions on the issues paper. The paper is available by clicking on the heading above. The closing date for submissions is Monday 5 November 2007. Submissions should be directed to Janet November or Rachel Hayward, Senior Legal and Policy Advisers, Law Commission, PO Box 2590, Wellington 6011, or by email to com@lawcom.govt.nz .
Please note that the Law Commission is not printing copies of this issues paper; it is only available in electronic form.
This issues paper “Presentation of New Zealand Statute Law” (NZLC IP2), produced in conjunction with the Parliamentary Counsel Office, investigates and suggests methods of making New Zealand Statute Law more accessible. Among the solutions discussed are the introduction of a subject index and a systematic revision of the New Zealand statutes. We call for submissions by 12 November 2007
Please note the ISSN published in the report has been amended as follows:
ISSN 1178-2862 (Print)
ISSN 1177-7877 (Online)
The Law Commission has released an issues paper that asks questions about the purpose of public inquiries. The paper focuses on three of the forms of public inquiry: commissions of inquiry, royal commissions and non-statutory ministerial inquiries.