This project examined New Zealand’s relationship property legislation.
The Property (Relationships) Act 1976 (PRA) sets out the rules for how property owned by either or both partners is divided when they separate or when one of them dies...
Each project is an area of law or subject matter that the Law Commission has agreed to review. The Commission works on several projects at a time. Together, these projects make up the Commission's annual work programme.
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This project examined New Zealand’s relationship property legislation.
The Property (Relationships) Act 1976 (PRA) sets out the rules for how property owned by either or both partners is divided when they separate or when one of them dies...
This project involves four stages, with publications at each stage.
Stage 1: Policy Overview was a high-level analysis to assess privacy values, changes in technology, international trends, and their implications for New Zealand law. It...
The declaratory judgment is an important judicial remedy. It provides an efficient and effective means by which parties can clarify and establish their legal rights and obligations, without the need for further remedies. There is, however,...
For nearly 30 years the Law Commission has been engaged in reforming the law of evidence in New Zealand.
In August 1989 the Minister of Justice asked the Commission to review all evidence law to make it as clear, simple and accessible as...
The objective of the law of contempt of court is to protect the integrity of the justice system and a defendant’s right to a fair trial. However, the law is vague in scope, uses outdated language and concepts, and is inaccessible to the New...
Section 202(1) of the Evidence Act required the Commission to report to the Minister of Justice on the following matters:
(a) the operation of the provisions of the Act since its commencement;
(b) whether those provisions should be...
This review covers the Extradition Act 1999 and Mutual Assistance in Criminal Matters Act 1992. These Acts provide a framework for formal assistance between New Zealand and foreign governments in the investigation and prosecution of crime. They...
The ability of citizens to bring civil legal proceedings against the Crown and its servants is an important part of New Zealand’s constitution, and is protected by the New Zealand Bill of Rights Act 1990. The Crown Proceedings Act 1950 is the...
On this project, the Law Commission undertook a first principles review of the Burial and Cremation Act 1964. The Act’s primary purpose is to ensure provision is made for the burial of the dead in a controlled and respectful manner...
This project arose from the Commission’s recommendation in their Report, Disclosure to Court of Defendants’ Previous Convictions, Similar Offending, and Bad Character (R103, 2008). The Commission recommended that Government should...