A class action is a court proceeding in which a group with similar interests collectively sues one or more defendants. The court proceeding is brought by a representative plaintiff on behalf of the class. We do not currently have class actions in...
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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The Law Commission and the Ministry of Justice conducted a review of the Search and Surveillance Act 2012, as is required by section 357 of that Act. The review was referred to us by the then Minister of Justice on 28 June 2016 and we jointly...
This project reviews the laws that determine how security sensitive information should be dealt with in court proceedings. The review looks at how to protect information that may prejudice New Zealand’s security. It also considers whether the...
Te Aka Matua o te Ture | Law Commission commissioned Professor Janet McLean KC to write a Study Paper concerning Aotearoa New Zealand’s legal and institutional framework for pandemics and other threats. Building on the Commission’s Final...
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
Aotearoa New Zealand has laws aimed at protecting the public from reoffending risks posed by some offenders convicted of serious crimes. These laws enable the detention or supervision of those offenders beyond a fixed-term prison sentence (...
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 forensic analysis of DNA is a powerful tool in solving crime. However, the use of DNA in criminal investigations also raises important legal and ethical issues.
In New Zealand the Criminal Investigations (Bodily Samples) Act 1995...
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,...
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...