The purpose of this project to devise a solution to an untidiness in judicial review procedure. The mischief is that there are decisions (exercises of the prerogative for example) which may be subjected to judicial review, but to which the...
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 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...
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...
This project examines the response of the legal system to the experiences of women in New Zealand, recognising the importance of the Treaty of Waitangi in the examination of Maori women's experiences.
The Incorporated Societies Act 1908 is uncomfortably old and has been little amended since its enactment. Yet the range of community organisations that use this legal form is extensive in New Zealand. The focus of this review was on modernising...
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
This project discusses the absence of adequate safeguards for the protection of donors of enduring powers of attorney under the provisions of Part IX of the Protection of Personal Property Rights Act 1988.