Thursday, 11 October 2007

Media Release
Rt Hon Sir Geoffrey Palmer,
President, Law Commission

Law Commission Work Programme

“The Law Commission’s work programme for 2008 has been approved by Cabinet”, the President of the Law Commission, Sir Geoffrey Palmer said today.

“It is a demanding programme full of challenges”, he said.

“The programme contains thirteen new projects, some of which are related to work we are already doing. The new projects are set out in order of their size:

- Reforming criminal procedure before and during trial with the object of improving the fairness and efficiency of the process (being undertaken in conjunction with the Ministry of Justice and other agencies);
- Review of Misuse of Drugs Act 1975;
- Review of the Land Transfer Act 1952;
- Review of War Pensions Act 1954;
- Review of Part 8 of the Crimes Act covering all forms of assault (linked to the Commission’s work on developing sentencing guidelines);
- Review of Civil List Act 1979;
- Review of Parliamentary Counsel Office legislation, including Statute Drafting and Compilation Act 1920 (related to presentation of statute law);

- Review of prerogative writs in Judicial Review;
- Aspects of Damages: the Award of Interest on Money Claims;
- Review of the Law Relating to Private Schools;
- Further Reform of Habeas Corpus Procedure (to remedy some minor problems with the Habeas Corpus Act);
- Involvement in the Ministry of Health’s Review of Alcoholism and Drug Addiction Act 1966;
- Reducing the level and impact of organised crime in New Zealand (in conjunction with the Police and the Ministry of Justice).

“The Law Commission also continues to complete its previous references. Its large report on Search and Surveillance Powers was tabled in the Parliament on the 7th August. The Commission is now preparing a suite of Cabinet papers on the subject”.

“The Commission’s report on provocation (a partial defence to a murder charge) is completed and will shortly be tabled in the Parliament”.

“The Law Commission’s review of privacy is divided into four parts and is progressing well. An issues paper on Public Registers was published in September. The final report on Public Registers and Part One, an overview of privacy generally, will be published early in the New Year”.

“The Law Commission houses the Sentencing Establishment Unit that has been set up to do preliminary work on the sentencing guidelines that are to be produced by a new Sentencing Council under the Sentencing Council Act 2007. This legislation resulted from the Commission’s Report in 2006 “Sentencing Guidelines and Parole Reform”.

“The Commission is also reviewing maximum penalties available for offences in the major criminal statutes, as recommended in its 2006 report. Many maximum penalties have not been reviewed for a long time. There are numerous anomalies that must be addressed to ensure that maximum penalties and the new sentencing guidelines are consistent with each other”.

“The review of the admissibility of previous convictions and other bad character evidence, a reference given to the Commission earlier this year, must be completed by March 2008. An Issues Paper will be published soon. This project has been the responsibility of Hon Andrew McGechan QC, a retired High Court Judge”.

“The Commission’s review of the Land Transfer Act 1952, which provides the framework for the registration and recording of land title in New Zealand, is a most important reference, and complements the Property Law Act 2007, recently enacted by Parliament. This project is under the direction of George Tanner QC, who recently joined the Commission after retiring as Chief Parliamentary Counsel”.

“The Commission has already published one Discussion Paper from its review of the law relating to Commissions of Inquiry and other public inquiries. This review is aiming to provide a legislative structure for public inquiries that will enable them to operate in a more efficient, effective and flexible manner than at present. A further Paper will be published soon”.

“The Commission has a reference involving the reform of the nearly one hundred tribunals that exist in New Zealand. This is being carried out in conjunction with the Ministry of Justice. This work is progressing well and a Paper is likely to be published soon”.

“The Commission’s work on producing a new War Pensions Act will be assisted by Veteran’s Affairs New Zealand”.

“The presentation of New Zealand statute law project is under the direction of Professor John Burrows QC. An Issues paper “Presentation of New Zealand Statute Law” was published in September. Following the receipt of submissions, this report will be finalised. It is being conducted in conjunction with Parliamentary Counsel Office”.

“The new procedure under which the Law Commission now operates has improved the Commission’s efficiency. It has increased the level of commitment by government agencies to work together with the Commission and to provide input into its projects. It has also enabled prompt consideration by the Government of the Law Commission’s reports. This has greatly enhanced the Commission’s ability to ensure that the law is kept under review and meets the needs of contemporary society”, Sir Geoffrey concluded.

ENDS

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