Publications

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 early next year.

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.

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.

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.

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 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.

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.