Te Aka Matua o te Ture

Law Commission

Better law for Aotearoa New Zealand through independent review

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Law Commission seeks views on reforming the law to manage high-risk offenders

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In the spotlight

Have your say on the Preferred Approach Paper in the review of preventive detention and post-sentence orders 

Te Aka Matua o te Ture | Law Commission has published a Preferred Approach Paper in our review of the laws protecting the public from offenders who pose significant risks.  

The Preferred Approach Paper makes proposals for the reform of the current law on preventive detention, extended supervision orders and public protection orders. We propose that these three current preventive measures should be repealed and replaced with a new Act. The Preferred Approach Paper sets out in detail how we think that new Act should look like. 

We are looking forward to hearing about your thoughts on our proposals. Along with other relevant evidence and analysis, this will help us to make our final recommendations for law reform. 

The Commission is accepting submissions until 5pm on 20 September 2024.  

More information, including a copy of the Preferred Approach Paper, can be found on our project website. 

 

Law Commission publishes Issues Paper in Ia Tangata review

Te Aka Matua o te Ture | Law Commission has published an Issues Paper in our review of protections in the Human Rights Act 1993 for people who are transgender, people who are non-binary and people who have an innate variation of sex characteristics. The Issues Paper is designed to support public consultation. It provides some background and context to the review, identifies and explores potential options for reform and poses some questions on which we are seeking feedback.

We are looking forward to hearing about the needs, perspectives and concerns of New Zealanders in relation to the issues in this review. Along with other relevant evidence and analysis, this will help us to develop our recommendations for law reform.

The Commission is accepting submissions until 5pm on Thursday 5 September 2024. 

More information, including a copy of the Issues Paper, a summary, and our online submission form, can be found on our project website.

 

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Current work

Hara ngākau kino

Hate crime

Te Aka Matua o te Ture | Law Commission has been asked to review the law relating to hate crime. The review will focus on whether the law should be changed to create standalone hate crime offences as recommended in recommendation 39 of the Report of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019.

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Ia Tangata

A review of the protections in the Human Rights Act 1993 for people who are transgender, people who are non-binary and people with innate variations of sex characteristics

Te Aka Matua o te Ture | Law Commission is examining the protections in the Human Rights Act 1993 for people who are transgender, people who are non-binary and people with innate variations of sex characteristics.

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He arotake i te ture mō ngā huarahi whakatau a ngā pakeke

Review of adult decision-making capacity law

Te Aka Matua o te Ture | Law Commission is reviewing how the law should respond when an adult’s decision-making is affected.

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Hapori whānui me te tangata mōrea nui: He arotake o te mauhere ārai hē me ngā ōta nō muri whakawhiu

Public safety and serious offenders: A review of preventive detention and post-sentence orders

We are reviewing the laws protecting the public from offenders who pose significant risks through preventive detention, extended supervision orders and public protection orders.

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Tō mātou kawenga i te whanaketanga o te ture

Our role in the development of the law

Initiation

Our law reform reviews are referred to us by the Minister responsible for the Law Commission, who is currently the Minister of Justice.

Research

Throughout a law reform review, we conduct extensive research into the area of law in Aotearoa New Zealand and internationally.

Engagement

During a law reform review, we talk to a wide range of people to gain the fullest understanding of the issues and ideas for change. We do this through direct consultation and by inviting the public to tell us their views by making a submission.

Recommendations

Our research and engagement inform the recommendations we make to improve the law. At the end of a law reform review, we present our recommendations to the Minister in a final report. The Minister presents the report to Parliament.

Government response

The Government decides whether to implement our recommendations to reform the law and usually issues a formal response, which we publish on our website.

Implementation

The government department responsible for the area of law leads the work to implement the recommendations the Government has accepted. This may include new or amended legislation or changes in operational policy or procedure.

Advice

We also advise our responsible Minister on areas of law for possible future review and reform. To do this, we monitor developments in the law and invite suggestions on areas for reform from the public.