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APPENDIX C

Areas of law reviewed by the Law Commission as at 30 June 1997

Area of Law
Publication
Type
Ref
Date
Outcome
ACCIDENT COMPENSATION SCHEME
(Reference)
The Accident Compensation Scheme
Discussion Paper
NZLC PP2
September 1987
Followed by reports NZLC R3 and NZLC R4
The Accident Compensation Scheme: Interim Report on Aspects of Funding
Report
NZLC R3
November 1987
Considered in preparing the Accident Rehabilitation and Compensation Insurance Act 1992 and some recommendations reflected in its provisions
Personal Injury: Prevention and Recovery (Report on the Accident Compensation Scheme)
Report
NZLC R4
May 1988
Considered also in connection with reviews of the Accident Rehabilitation and Compensation Insurance Act 1992 and implementing regulations undertaken in 1994
APPORTIONMENT OF CIVIL LIABILITY
Apportionment of Civil Liability
Discussion Paper
NZLC PP19
March 1992
Under further consideration in the context of the law relating to professional liability
To be followed by a report
ARBITRATION
Arbitration
Discussion Paper
NZLC PP7
November 1988
Followed by report NZLC R20
Arbitration
Report
NZLC R20
October 1991
Implemented by the Arbitration Act 1996
COMMUNITY SAFETY
(Reference)
Community Safety: Mental Health and Criminal Justice Issues
Report
NZLC R30
August 1994
Comments on provisions of the Mental Health (Compulsory Assessment and Treatment) Act 1992, including its definition of “mental disorder”, and the Criminal Justice Act 1985 Further reform under consideration by Minister of Health and Minister of Justice respectively
COMPANY LAW
(Reference)
Company Law
Discussion Paper
NZLC PP5
December 1987
Followed by reports NZLC R9 and NZLC R16
Company Law: Reform and Restatement
Report
NZLC R9
June 1989
Companies Act 1993, Receiverships Act 1993 and amendments to the Property Law Act 1952 and the Companies Act 1955 entered into force on 1 July 1994
Company Law Reform: Transition and Revision
Report
NZLC R16
September 1990

The Property Law Act 1952
Discussion Paper
NZLC PP16
July 1991
Followed by report NZLC R29
A New Property Law Act
Report
NZLC R29
June 1994
Under consideration by the Minister of Justice
Tenure and Estates in Land
Discussion Paper
NZLC PP20
June 1992
No further consideration is intended
CRIMINAL PROCEDURE
(Reference)
The Prosecution of Offences
Issues paper
NZLC PP12
November 1990
Followed by discussion paper NZLC PP28
Criminal Prosecution
Discussion Paper
NZLC PP28
March 1997
To be followed by a report
Criminal Procedure: Part One: Disclosure and Committal
Report
NZLC R14
June 1990
Under consideration by the Minister of Justice and Minister for Courts
Criminal Evidence: Police Questioning
Discussion Paper
NZLC PP21
September 1993
Followed by report NZLC R31
To be followed by a further report on the right of silence and confessions, and the privilege against self-incrimination
Police Questioning
Report
NZLC R31
October 1994
Under consideration by the Minister of Justice
The Privilege Against Self-Incrimination
Discussion Paper
NZLC PP25
September 1996
To be followed by a report (see above)
CROWN
Crown Liability and Judicial Immunity: A response to Baigent’s case and Harvey v Derrick
Report
NZLC R37
May 1997
Under consideration by the Minister of Justice
COURTS
(Reference)
The Structure of the Courts
Discussion
NZLC PP4
December 1987
Followed by report NZLC R7
The Structure of the Courts
Report
NZLC R7
March 1989
Substantial effect given to the Commission’s recommendations in the various enactments passed to reform the jurisdiction of the courts in 1991 and 1992
DAMAGES
Aspects of Damages: Employment Contracts and the Rule in Addis v Gramophone Co
Report
NZLC R18
March 1991
Implemented almost in entirety by the Employment Contracts Act 1991
Aspects of Damages: The Rules in Bain v Fothergill and Joyner v Weeks
Report
NZLC R19
May 1991
Abolition of the rule in Bain v Fothergill implemented by the Property Law Amendment Act 1994
Problems with the rule in Joyner v Weeks partially addressed in Mäori Trustee v Rogross Farms Ltd [1994] 3 NZLR 410 (CA)
Aspects of Damages: Interest on Debts and Damages
Discussion Paper
NZLC PP17
November 1991
Followed by a report
Aspects of Damages: The Award of Interest on Money Claims
Report
NZLC R28
May 1994
Under consideration by the Minister of Justice
EMERGENCIES
First Report on Emergencies: Use of the Armed Forces
Report
NZLC R12
February 1990
Implemented in the Defence Act 1990
Final Report on Emergencies
Report
NZLC R22
December 1991
Recommended principles for the grant of emergency powers adopted. Draft War Emergencies Act under consideration by Government
INTELLECTUAL PROPERTY
Intellectual Property: The Context for Reform
Report
NZLC R13
March 1990
For use as a resource
No law changes recommended
LAW OF CONTRACT
“Unfair” Contracts
Discussion Paper
NZLC PP11
September 1990
No further consideration is intended
Contract Statutes Review
Report
NZLC R25
May 1993
Under consideration by the Minister of Justice
LAW OF EVIDENCE
(REFERENCE)
Hearsay Evidence
Options Paper
NZLC PP10
June 1989
To be followed by a report
Evidence Law: Principles for Reform
Discussion Paper
NZLC PP13
April 1991
Evidence Law: Codification
Discussion Paper
NZLC PP14
April 1991
Evidence Law: Hearsay
Discussion
NZLC PP15
April 1991
Evidence Law: Expert Evidence and Opinion Evidence
Discussion Paper
NZLC PP18
December 1991
Evidence Law: Documentary Evidence and Judicial Notice
Discussion Paper
NZLC PP22
May 1994
Evidence Law: Privilege
Discussion Paper
NZLC PP23
May 1994
The Evidence of Children and Other Vulnerable Witnesses
Discussion Paper
NZLC PP26
October 1996
Evidence Law: Character and Credibility
Discussion Paper
NZLC PP27
February 1997
LEGISLATION
(Reference)
Imperial Legislation in Force in New Zealand
Report
NZLC R1
March 1987
Largely implemented by the Imperial Laws Application Act 1988 and associated legislation
Legislation and its Interpretation: The Acts Interpretation Act 1924 and Related Legislation
Discussion Paper
NZLC PP1
June 1987
Followed by report NZLC R17
Legislation and its Interpretation
Discussion and seminar papers
NZLC PP8
December 1988
Followed by report NZLC R17
Legislation and its Interpretation: Statutory Publications Bill
Report
NZLC R11
September 1989
Implemented in part by the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publications Act 1989
A New Interpretation Act: To Avoid “Prolixity and Tautology”
Report
NZLC R17
December 1990
Under consideration by the Government
The Format of Legislation
Report
NZLC R27
December 1993
Recommendations endorsed by the Justice and Law Reform Select Committee and referred to the Standing Orders Committee for consideration; being considered by a Committee chaired by Chief Parliamentary Counsel
Legislation Manual: Structure and Style
Report
NZLC R35
May 1996
For use as a resource
Proposals on structure and style substantially adopted by the Parliamentary Counsel Office, and in wide-spread use
LIMITATION PERIODS
(Reference)
The Limitation Act 1950
Discussion Paper
NZLC PP3
September 1987
Followed by report NZLC R6
Limitation Defences in Civil Proceedings
Report
NZLC R6
October 1988
Reflected in part in the Building Act 1991
MäORI FISHERIES
(Reference)
The Treaty of Waitangi and Mäori Fisheries – Mataitai Nga Tikanga Mäori me te Tiriti o Waitangi
Background Paper
NZLC PP9
March 1989
For use as a resource
Reference withdrawn by the Minister of Justice at the Law Commission’s request
PRIVATE INTERNATIONAL LAW
The United Nations Convention on Contracts for the International Sale of Goods: New Zealand’s Proposed Acceptance
Report
NZLC R23
June 1992
Implemented by the Sale of Goods (United Nations Convention) Act 1994
A New Zealand Guide to International Law and its Sources
Report
NZLC R34
May 1996
For use as a resource. No law changes recommended
SUCCESSION LAW
Succession Law: Testamentary Claims
Discussion Paper
NZLC PP24
August 1996
To be followed by a report
WOMEN’S ACCESS TO JUSTICE
Information about Lawyers’ Fees
Consultation Paper
NZLC MP3
October 1996
To be followed by a report
Women’s Access to Legal Information
Consultation Paper
NZLC MP4
March 1997
Women’s Access to Civil Legal Aid
Consultation Paper
NZLC MP8
March 1997
Women’s Access to Legal Advice and Representation
Consultation Paper
NZLC MP9
April 1997
Lawyers’ Costs in Family Law Disputes
Consultation Paper
NZLC MP10
June 1997

For a list of the Law Commission’s publications in numerical order, see inside front cover (Reports) and inside back cover (Preliminary Papers)


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