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APPENDIX A

Projects on the Law Commission’s programme 1994/95

GROUP: Evidence/Criminal procedure

Project
Purpose
Subprojects
Evidence
To replace the present complex and uncertain common law and statutory rules of evidence with an evidence code.
Privilege
Conduct, character and credibility
Competence of witnesses, vulnerable witnesses
Identification evidence
Witness questioning rules
Tribunal evidence
Miscellaneous research tasks
Policy
Criminal procedure
To review the whole of criminal procedure, to ensure that it provides for fair trials and effective and efficient investigation and prosecution of offences, taking account of New Zealand’s obligations under the International Covenant on Civil and Political Rights, the New Zealand Bill of Rights Act 1990 and the Treaty of Waitangi.
Police questioning (completed 1994)
Right of silence and confessions
Privilege against self-incrimination
Prosecution of offences
Diversion
Jury trials

GROUP: Commercial law and property

Project
Purpose
Subprojects
Succession
To replace the Wills Act 1837, the Administration Act 1969, the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949 with a new Succession Act which will simplify the law, enable better effect to be given to the intentions of testators and take account of the diversity of New Zealand families.
Wills
Non-wills
Policy
Procedures
Property: Tenures*
To consider the implications of abolishing tenures and estates for the Land Transfer Act 1952.

Remedies for wrongs to goods
To review the fragmentary common law remedies and replace them with a modern statute.

Apportionment of civil liability
To review the law relating to liability where the acts or omissions of two or more persons cause loss or damage.

Unfair contracts*
To review aspects of the law of contract and ensure that it meets the needs of the commercial community and consumers.

GROUP: Public law

Project
Purpose
Subprojects
Women’s Access to Justice
To examine 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, taking account of the multicultural character of New Zealand society and New Zealand’s obligations under international law.
To report to the Minister of Justice by the end of 1997 concerning:
  • principles and processes to be followed by policy makers and lawmakers,
  • specific law reforms, and
  • educational and other strategies
which will promote the just treatment of women by the legal system.
Priority will be placed on examining the impact of laws, legal procedures and the delivery of legal services upon:
  • family and domestic relationships,
  • violence against women, and
  • the economic position of women.
At all stages of the project, there will be widespread consultation with women throughout New Zealand. The project will also draw upon, and complement, the work of other government agencies, the Judicial Working Group on Gender Equity and other Law Commission projects.

Official Information Act 1982
To review the operation in practice of aspects of the Act.

Community safety (completed 1994)
To consider relevant provisions in the Mental Health (Compulsory Assessment and Treatment) Act 1992 and the Criminal Justice Act 1985 with the purpose of protecting members of the public from substantial risk of harm from individuals whose release into the community would pose that risk.

Legislation
To make the law of New Zealand as understandable and accessible as practicable.
Legislation Manual Parts 2 and 3
Legislation Manual Part 4
Habeas Corpus
To review and replace the Imperial Acts dealing with the remedy of Habeas Corpus.

International obligations
To promote the adoption of uniform or harmonised law and law consistent with New Zealand’s international obligations.
Guide to International Legal Materials
Crown
To review the legal status of the Crown, generally and in the context of the Crown Proceedings Act 1950.

* These projects have subsequently been removed from the programme.


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