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GROUP: Evidence/Criminal procedure
Project
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Purpose
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Subprojects
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Evidence
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To replace the present complex and uncertain common law and statutory rules
of evidence with an evidence code.
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Privilege
Conduct, character and credibility
Competence of witnesses, vulnerable witnesses
Identification evidence
Witness questioning rules
Tribunal evidence
Miscellaneous research tasks
Policy
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Criminal procedure
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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.
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Police questioning (completed 1994)
Right of silence and confessions
Privilege against self-incrimination
Prosecution of offences
Diversion
Jury trials
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GROUP: Commercial law and property
Project
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Purpose
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Subprojects
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Succession
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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
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Property: Tenures*
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To consider the implications of abolishing tenures and estates for the Land
Transfer Act 1952.
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Remedies for wrongs to goods
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To review the fragmentary common law remedies and replace them with a
modern statute.
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Apportionment of civil liability
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To review the law relating to liability where the acts or omissions of two
or more persons cause loss or damage.
|
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Unfair contracts*
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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
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Subprojects
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Women’s Access to Justice
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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:
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:
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.
|
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Official Information Act 1982
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To review the operation in practice of aspects of the Act.
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Community safety (completed 1994)
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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.
|
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Legislation
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To make the law of New Zealand as understandable and accessible as
practicable.
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Legislation Manual Parts 2 and 3
Legislation Manual Part 4
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Habeas Corpus
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To review and replace the Imperial Acts dealing with the remedy of Habeas
Corpus.
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International obligations
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To promote the adoption of uniform or harmonised law and law consistent
with New Zealand’s international obligations.
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Guide to International Legal Materials
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Crown
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To review the legal status of the Crown, generally and in the context of
the Crown Proceedings Act 1950.
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* These projects have subsequently been removed from the programme.
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URL: http://www.nzlii.org/nz/other/nzlc/report/R33/R33-APPENDIX.html