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Preliminary Paper 42

Acquittal Following Perversion of the Course of Justice:

A Response to R v Moore

A discussion paper

The Law Commission welcomes your comments on this paper
and seeks your response to the questions raised.

These should be forwarded to
Karen Belt, Researcher, Law Commission
PO Box 2590, DX SP 23534, Wellington
or to
by 30 November 2000

September 2000

Wellington, New Zealand

Table of Contents

The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. Its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand.

The Commissioners are:

The Honourable Justice Baragwanath – President
Paul Heath QC
Judge Margaret Lee
DF Dugdale
Denese Henare ONZM (term expired 30 June 2000)
Timothy Brewer ED

The office of the Law Commission is at 89 The Terrace, Wellington
Postal address: PO Box 2590, Wellington 6001, New Zealand
Document Exchange Number: SP23534
Telephone: (04) 473–3453, Facsimile: (04) 471–0959

Use of submissions

The Law Commission’s processes are essentially public, and it is subject to the Official Information Act 1982. Thus copies of submissions made to the Commission will normally be made available on request, and the Commission may mention submissions in its reports. Any request for the withholding of information on the grounds of confidentiality or for any other reason will be determined in accordance with the Official Information Act 1982.

Preliminary Paper/Law Commission, Wellington, 2000

ISSN 0113–2245 ISBN 1–877187–59–3

This preliminary paper may be cited as: NZLC PP42


WE WISH TO THANK the Right Hon Justice Henry, the Hon Justice Wild, Professor Gerry Orchard, Associate Professor Richard Mahoney and Dr DL Mathieson QC for their comments on this paper. In particular Professors Orchard and Mahoney gave us much assistance with repeated drafts and a number of their comments have been incorporated in this paper. The form of the paper is of course the responsibility of the Commission alone.

The Commissioners in charge of preparing this discussion paper were Justice Baragwanath and Judge Lee. The research was undertaken by Andru Isac and Jason Clapham.

Submissions or comments on this paper should be sent by 30 November 2000 to the Law Commission, PO Box 2590, DX SP23534, Wellington, or by email to We prefer to receive submissions by email if possible. Any initial inquiries or informal comments can be directed to Karen Belt: phone (04) 473–3453; fax (04) 471–0959. This paper is also available on the Internet at the Commission’s website:

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