Profile cover photo
Profile photo
NZ Law Commission
1 follower -
The Law Commission promotes the systematic review, reform and development of the law of New Zealand.
The Law Commission promotes the systematic review, reform and development of the law of New Zealand.

1 follower
About
Posts

Post has attachment
Add a comment...

Post has attachment
Reforming the Law of Contempt media conference 21 June 17 - "Contempt report protects right to a fair trial"
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
The objective of the law of contempt of court is to protect the integrity of the justice system and a defendant’s right to a fair trial. However, the law is vague in scope, uses outdated language and concepts, and is inaccessible to the New Zealand public. It was developed prior to the Internet Age and the enactment of the New Zealand Bill of Rights Act 1990.

Most of the law of contempt is common law (law made by the courts), but parts of it that deal with conduct in court and specific offences relating to the administration of justice, such as perjury, are contained in statutes.

In recent times, New Zealand’s senior courts have commented on the difficulties of reconciling some aspects of the law of contempt with the Bill of Rights Act, suggesting that “consideration should be given to legislative reform in this area of the law as happened in the United Kingdom.”1

1 For example, Siemer v Solicitor-General [2009] NZCA 62, [2009] 2 NZLR 556
Add a comment...

Post has attachment
This project examines New Zealand’s relationship property legislation. When it was enacted, the Property (Relationships) Act 1976 was seen as a significant and long-awaited step in the development of relationship property law in New Zealand. It sets out the rules for how the property of two partners is divided when they separate or when one of them dies. Subsequently, a set of important amendments were made to the Act in 2001, including its extension to de facto relationships. The underpinning principle of the Act is that “relationship property” as defined by the Act should be divided equally between the two partners upon their separation.

One of the issues to be reviewed concerns property that is held in trust. The Law Commission recently examined aspects of New Zealand’s trust law and many submitters to that project were concerned that the legislative provisions in the relationship property area are inadequate, and not as effective as legislative provisions addressing trusts in other policy areas. The issue of trusts is just one of many that the Law Commission will be examining in its review of the Property (Relationships) Act 1976.
Add a comment...

Post has attachment
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 Act’) gives the Police powers to collect and use DNA in investigating crime. The Act also regulates two DNA databanks. These databanks store DNA information from individuals who have been charged with, or convicted of, certain offences. This information can then be compared to DNA collected from the scenes of unsolved crimes. Matches between the two provide the Police with investigative leads.

In light of significant amendments in 2003 and 2009, the Minister of Justice has asked the Law Commission to conduct a comprehensive review of the Act. The purpose of the review is to determine whether the current legislation is fit for purpose and keeping pace with developments in forensic science, international best practice and public attitudes. The review will consider whether human rights and tikanga Māori are being appropriately recognised. It will also focus on ways to simplify the legislation and improve its accessibility.
Add a comment...

Post has attachment
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, disagreement as to its current and potential scope, and substantial crossover in its jurisdictional sources, between the Declaratory Judgments Act 1908, the High Court’s inherent jurisdiction, the Judicature Amendment Act 1972, and various other statutes. The Declaratory Judgments Act 1908 is also outdated in its language and form. The Commission is undertaking a first principles review of declaratory judgments in New Zealand law, with a particular focus on modernising and simplifying the expression and content of the law in this area.
Add a comment...
Wait while more posts are being loaded