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

Welcome

Welcome to this August 2023 issue of Te Aka Kōrero. It's been another busy period for Commissioners and staff at Te Aka Matua o te Ture| Law Commission.

COMING SOON! We are excited to let you know that we're close to publishing a significant piece of work that examines Tikanga Māori and its place in Aotearoa New Zealand's legal landscape. The forthcoming Tikanga paper is the culmination of work and engagement led by Commissioner Hon Justice Christian Whata. Keep an eye on your inbox!

Highlights

• The Commission published and received submissions on two issues papers: its third and final review of the Evidence Act 2006 and its review of preventive detention and post-sentence orders.
• The Commission approved terms of reference for its review of 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.
• The NZ Medical Journal published an article by Senior Legal and Policy Adviser Ruth Campbell on medical privilege in the law of evidence in Aotearoa New Zealand.

Project updates

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

We published a Preliminary Issues Paper in late 2022 that sought feedback about people's experiences and views on some key issues. We are now working on a second issues paper for publications proposals for reform. Visit the review website for more information and sign up for updates.

Te Arotake Tuatoru i te Evidence Act 2006 | The Third Review of the Evidence Act

We published an issues paper at the beginning of May seeking feedback on how the Act is operating in practice, and whether any repeal or amendment of its provisions are necessary or desirable. We are now in the process of anaylsing submissions received to develop our conclusions and recommendations for inclusion in our final report due to be published in early 2024. Sign up here for updates on this project.

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 published an issues paper at the end of May and sought feedback on problems with the current law and proposals for reform. We are pleased with the high quality of engagement with the topic. We have also been conducting interviews with those subject to a preventive sentence or a post-sentence order. Our next step is to analyse the feedback received and draft a Preferred Approach Paper with specific proposals for reform. We will hold a second consultation period in 2024 to gather feedback on options for changes to the law before submitting final recommendations to the Government. Sign up here for updates on this project.

Te Arotake Tuatoru i te Evidence Act 2006 | The Third Review of the Evidence Act

The Commission published terms of reference for its third and final operational review of the Evidence Act in September 2022. The review will examine the operation of the provisions of the Evidence Act in civil and criminal proceedings, with a particular focus on the operation of the Act since the Commission's second review. We will consider whether repeal or amendment of any provisions of the Act are necessary or desirable.

You can read more about the project and sign up for the updates on the Commission's website.

The Commission will publish an issues paper for public consultation in mid-2023 and must report to the Minister by February 2024.

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

We recently published Terms of Reference that outline the issues that will be addressed in the review and our expected timeframes. Alongside that we have written a brief Beginners' Guide to the Human Rights Act that explains features of the Human Rights Act that might help people understand the key issues for this review. Sign up here for updates on this project.