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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On 27 February 2018 the Minister of Justice wrote to the Law Commission noting the Government was considering how best to ensure New Zealand’s abortion laws are consistent with treating abortion as a health issue.
The Minister asked the...
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 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...
An element of the revised Law Commission work programme 2014/15 issued by the Minister of Justice included creation of a separate crime of non-fatal strangulation.
In its fourth Annual Report the Family Violence Death Review Committee...
In 2001 the Law Commission published a report examining the legal defences available to protect those who commit criminal offences as a reaction to domestic violence: “Some Criminal defences with Particular Reference to Battered Defendants”...
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...
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...
This project reviews the joint and several liability rule, and considers alternatives. The Commission carries out a broad review of the effects of the rule across all sectors.
The joint and several liability rule determines the liability...
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...