Te Aka Kōrero
News from Te Aka Matua o te Ture | Law Commission

Welcome

Welcome to this issue of Te Aka Kōrero. There's been lots happening at the Commission this year. Here are a few of our highlights over the past six months.

Highlights

• Te Aka Matua o te Ture | Law Commission farewelled Kaikōmihana Helen McQueen on 29 April 2022. Helen will take up a new role as a High Court judge in August.
• The Commission welcomed new Kaikōmihana Claudia Geiringer on 2 May 2022. Claudia is a professor of public law at Te Herenga Waka | Victoria University of Wellington and will be on leave from that role while at the Commission.
• The Commission has published final reports in two projects, its reviews of surrogacy and class actions and litigation funding.
• The Commission has published final reports in two projects, its reviews of surrogacy and class actions and litigation funding.
• The Commission has commenced two new projects, on evidence law, and preventive detention and post-sentence orders aimed at protecting the public from high risk criminal offenders.
• The Commission is continuing its reviews of laws relating to adult decision-making capacity and its project on tikanga Māori.

Commission publishes final reports in two projects

Te Aka Matua o te Ture | law commission has recently published final reports in its review of surrogacy, Te Kōpū Whāngai: He Arotake | Review of Surrogacy, and class actions and litigation funding, Ko ngā Hunga Take Whaipānga me ngā Pūtea Tautiringa | class Actions and Litigation Funding

• In Te Kōpū Whāngai, the Commission concludes that surrogacy law is out of date and acknowledges a pressing need for reform. The Commission recommends changes to meet the needs and reasonable expectations of New Zealanders.
• In Ko ngā Hunga Take Whaipānga me ngā Pūtea Tautiringa, the Commission makes 121 recommendations for reform of class actions and litigation funding. The Commission recommends a new Class Actions Act should be developed to improve access to justice and efficiency in group litigation. The Report also concludes that regulation and oversight of litigation funding is needed in Aotearoa New Zealand.

The Reports and other information about the reviews can be found on the Commission's website: Te kōpū Whāngai: He Arotake | Review of Surrogacy and Ko ngā Hunga Take Whaipānga me ngā Pūtea Tautiringa | Class Actions and Litigation Funding.

The Government is now considering the Reports and will decide whether to reform the law.

Commission starts work on two new projects

The Minister of Responsible for Law Commission has referred two new projects to Te Aka Matua o te Ture | Law Commission.

First, the Commission will undertake a review of the Evidence Act 2006 in accordance with section 202 of that Act. This requires the Commission to review the operation of the provisions of the Evidence Act every five years and consider whether repeal or amendment of any provisions are necessary or desirable.

This will be the Commission's third review of the Evidence Act. The first review was completed in 2013 and the second review was completed in 2019. This will also likely be the Commission's final review of the Evidence Act under section 202, as the Statutes Amendment Bill 2021, currently before Parliament, seeks to repeal section 202 from the Evidence Act.

The Commission is currently identifying issues for inclusion in its third review of the Evidence Act. It will undertake a formal consultation process in 2023. The Commission is required to report to the Minister by February 2024.

You can sign up for updates on this project here: Te Arotake Tuatoru i te Evidence Act 2006 | The Third Review of the Evidence Act | Law Commission

Second, the Commission will examine the laws aimed at protecting the public from criminal offenders who pose significant risks by providing for preventive detention, extended supervision orders and public protection orders.

The review will consider whether the laws adequately provide for public protection while respecting the human rights of individuals subject to detention or supervision. It will consider te ao Māori and te Tiriti o Waitangi | Treaty of Waitangi, especially in light of tikanga Māori approaches towards criminal justice and the over-representation of Māori approaches towards criminal justice and the over-representation of Māori among those subject to preventive detention and post-sentence orders. It will also focus on ways to improve the coherence and accessibility of the law.

You can sign up for updates on this project here: Hapori whānui me te tangata mōrea nui: he arotake o te mauhere ārai hē me ngā ōta nō muri whakawhiu | Public safety and seirous offenders: a review of preventive detention and post-sentence orders

Project updates

He Arotake i te Ture mō ngā Huarahi Whakatau a ngā Pakeke | Review of Adult Decision-making Capacity Law

In this project, the Commission is undertaking a review of how issues relating to adult decision-making capacity should be regulated in Aotearoa New Zealand. We are currently focused on preliminary research and engagement planning. Our first consultation document will be published in November 2022, and we will commence a public consultation process at that time. For more information, please visit our project website:  https://huarahi-whakatau.lawcom.govt.nz. There you can read the Terms of Reference for the project, which are available in a range of accessible formats. You can also subscribe for updates on the project, including opportunities to be involved.

Tikanga Māori

The Commission has recently begun work on a new study paper on tikanga Māori. In 2001, the Commission published Māori Customs and Values in New Zealand, which continues to be widely cited. The new paper aims to build on the Commission's previous work in this area by providing a robust account of tikanga Māori grounded in mātauranga Māori, with a view to providing a framework for engagement with tikanga. For more information, please visit our project website: Tikanga Māori