The Judicature Act 1908 is over one hundred years old and has been amended many times. Many of the sections in the Act are outdated, and it contains “hidden” commercial law and judicial review provisions. The focus of the Law Commission’s...
Our projects
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.
Use the search filters below to find particular projects. For more information on how we work see how we conduct projects.
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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...
The Criminal Procedure (Simplification) project was a joint project between the Ministry of Justice and the Law Commission. It had two objectives: to reduce unnecessary court delays through legislative and operational change, and to create a...
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...
For this project, the Commission reviews existing rules of evidence around admissibility of previous convictions, similar offending and bad character. In particular, the extent to which the court is made aware of prior convictions of an accused,...
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...
The Law Commission completed a wide ranging review of the structure and operation of courts and tribunals in New Zealand in 2004 and published the report Delivering Justice for All: A Vision for New Zealand Courts and Tribunals. The Commission is...
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...
This independent unit within the Commission drafted a comprehensive package of sentencing and parole guidelines for consideration by the Sentencing Council when it was established in 2008.
This project considered whether there is a need to establish a Sentencing Council in New Zealand, and whether parole should be reformed to ensure a closer relationship between the prison sentence imposed and time served.