This project originally commenced in 1994 at the suggestion of the Honourable Justice Durie, who at that time was Chief Judge of the Mäori Land Court. Justice Durie was of the view that some knowledge of Mäori custom would greatly assist judges...
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 sought to address issues in the Matrimonial Property Bill and the De Facto Relationships (Property) Bill introduced on 24 March 1998. The key issues were a) there were marked differences between the rights under the two bills of de...
The purpose of this project is to consider and report on the law affecting Maori fisheries.
This project considers the law of Parliamentary privilege in New Zealand.
In 1997 the Law Commission recommended a simplified procedure for dealing with habeas corpus applications. Habeas Corpus: Procedure (NZLC R44, 1997) http://www.lawcom.govt.nz...
A review of maximum penalties contained in the five major criminal statutes (Crimes Act 1961, Misuse of Drugs Act 1975, Land Transport Act 1998, Arms Act 1983, and Summary Offences Act 1981) was commenced by the Commission. Changes were to be...
In NZLC R73 : Some Criminal Defences with Particular Reference to Battered Defendants we stated that we would issue a supplementary report on the onus and standard of proof as to disputed facts on sentence; in particular, as these might relate to...
The paper for this project was prepared by the Law Commission in response to the invitation implied in subsection (2) of section 28 of the Interpretation Act 1999, which refers to the liability of the Crown
The Arbitration Act 1996 is based on a statute recommended by the Law Commission in its report Arbitration. This project raises some specific (and important) problems identified in the operation of the Act. The Report suggests solutions to these...
This project examines the rule of law that no person acquitted of a crime can be prosecuted again for the same offence