Published: 8 September 2025

Te Aka Kōrero | Newsletter

Ngā mihi ki a koutou katoa

Greetings

In this edition, we mark the end of our Tumu Whakarae | President’s five-year term. Amokura Kawharu has led the Commission since May 2020. Deputy President Geof Shirtcliffe will assume the role of President in an acting capacity until Amokura’s replacement is confirmed.

During her term, Amokura has guided nine law reform projects to completion, with two others nearing final publication. That output has included seven final reports alongside two study papers. She has been instrumental in maintaining high standards for the Commission’s output and vital leadership on the unique law reform challenges in Aotearoa.

Below, Amokura offers some reflections, and Justice Sir Joe Williams writes in tribute of her leadership. As usual, we also provide updates about our recent work and what’s been happening with our law reform projects, including that we have published the Final Report of our project Ia Tangata.

Haere rā e te rangatira

Saying farewell

From Dr Amokura Kawharu, President of the Law Commission

As this is my final newsletter, I want to take a moment to say thank you. For the past five years I’ve had the privilege of leading the Law Commission. Over this time, I’ve been struck by the generosity of the people who make our work possible.

From lawyers, academics, government officials and pūkenga to community leaders – so many have shared their time, wisdom and experience with us. Whether through serving on an advisory group, making a submission, or simply offering a thoughtful perspective, those contributions have shaped our work in ways that matter.

Dr Amokura Kawharu
Tumu Whakarae | President

I've also seen the commitment of the legal profession to good law reform. Even as demands for input have grown across government, we have continued to benefit from careful, insightful submissions that strengthen our analysis and recommendations.

Signing a Memorandum of Understanding with Te Hunga Rōia Māori o Aotearoa in 2020. From left to right: Donna Buckingham, Amokura Kawharu, Marcia Murray, Glenn Tootill

We have also worked hard to ensure the wider public can have their say. That has included providing consultation materials in different languages and formats that are more accessible. Sometimes intense public interest has brought challenges – we are a small organisation with limited resources – but the effort has always been worthwhile.

Looking ahead, the Commission has a busy programme of work and plenty of opportunities for people to get involved. I hope you will continue to lend your voices and expertise to the vision of better law for Aotearoa New Zealand. Nō reira, ko tēnei te mihi ki a koutou kua whai wā ki te āwhina i a mātou.

From Justice Sir Joe Williams (judge of the Supreme Court and chair of our Māori Liaison Committee)

Unlike the eponymous amokura or red-tailed tropic bird, Amokura is a very rare bird indeed. She walks confidently yet humbly in multiple worlds – of law, commerce, academy and tribe to name the few I’ve seen her in. Confident in who she is and what she brings, but with the humility of one who naturally chooses to listen more than she talks. I have come to greatly admire these attributes, not just because I lack them, but because they have proved so essential to her singular success as President of Te Aka Matua o te Ture.

Justice Sir Joe Williams

Under Amokura’s stewardship I have watched Te Aka Matua grow into something that seems greater than the sum of its parts. To an outsider like me, this appears to be because of the obvious chemistry between Commissioners, and among Commissioners and staff. This, in turn, has made the work of the Maori Liaison Committee (and my job as its chair) a genuine pleasure. We have felt the engagement with us has been genuine and that our views have been truly heard. I have been a member of the committee long enough to say this has not always been the case. It reflects the quality of Amokura’s leadership. I will miss it greatly. Na reira hoatu e te Amokura rerenga tahi, mai i tenei taumata e noho nei koe ki tetehi atu e rere atu ai. Hoatu me te aroha o ta matou komiti.

He mea arotahi

Highlights

Final report published: Ia Tangata

Last week we published the Final Report on protections in the Human Rights Act 1993 for people who are transgender or non-binary or who have an innate variation of sex characteristics.

The report makes 27 recommendations for reform of New Zealand’s anti-discrimination law. You can read the Final Report on our website. We have also published a brief summary, along with an executive summary of the report.

Our central recommendation is that the list of prohibited grounds of discrimination in section 21 of the Human Rights Act should be amended to clarify that the Act covers discrimination that is due to a person being transgender or non-binary or having an innate variation of sex characteristics. We recommend two new prohibited grounds should be added to section 21:

Gender identity or its equivalents in the cultures of the person (defined to include gender expression); and
Having an innate variation of sex characteristics.

We also make recommendations with respect to each of the provisions in the Human Rights Act that allow people to be treated differently based on the ground of sex in certain circumstances (known as sex exceptions). These recommendations outline how each of the sex exceptions should apply to the grounds of gender identity and having an innate variation of sex characteristics.

The Final Report completes the Commission’s review on this topic.  The Government will now consider our recommendations and decide whether to implement them.

Review of company directors’ duties and liabilities underway

In August we published the Terms of Reference for our review of the duties and potential liabilities of company directors. This review is the first time directors’ duties have been comprehensively examined since the Companies Act was enacted in 1993. The review will cover:

The directors’ duty provisions in the Companies Act 1993
The principles that should govern company directors’ duties and liabilities in other legislation

We expect to consult publicly in 2026 and complete a Final Report in 2027.

Meeting with Samoa Law Reform Commission

In July, we had the privilege of hosting representatives of the Samoa Law Reform Commission. There are about fifty bodies around the world similar to New Zealand’s Law Commission, both at national and sub-national levels. We’re proud to maintain links with a global network of independent commissions all committed to better law.

From left to right: Mearold Viliamu (SLRC), Linda McIver (NZLC), Amokura Kawharu (NZLC), Afioga Tufuga To'oalo Fagaloa Tufuga Fatu (SLRC), Sheliza Tapuai (SLRC)

Here ora finalist for Excellence in Public Policy Award

Our work Here ora | Preventive measures in a reformed law was selected as finalist in Te Hāpai Hapori | Spirit of Service Awards 2025 in the Excellence in Public Policy category. The awards recognise outstanding public service initiatives and public policy. Team members presented to a judging panel in August and attended the awards event last week.

Members of the Here ora team. From left to right: Thomas Buocz, Amokura Kawharu, John-Luke Day.

Ngā kaupapa

Project updates

Hara ngākau kino | Hate Crime

We received 96 submissions on our Consultation Paper published in February. All submissions are now on our website alongside a summary of what people told us. We are currently developing our recommendations for law reform and plan to deliver our Final Report in 2026.

Ngā Huarahi Whakatau | Review of Adult Decision-making Capacity Law

We are currently working on the Final Report of this project, which will be completed later this year.

Newsletter | Te Aka Kōrero No.30