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Te Aka Matua o te Ture

Report 66

Criminal Prosecution

Wellington, New Zealand

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

Judge Margaret Lee

DF Dugdale

Denese Henare ONZM (until 30 June 2000)

Timothy Brewer ED

Paul Heath QC

The Executive Manager of the Law Commission is Bala Benjamin

The office of the Law Commission is at 89 The Terrace, Wellington

Postal address: PO Box 2590, Wellington 6001, New Zealand

Document Exchange Number: SP 23534

Telephone: (04) 473–3453, Facsimile: (04) 471–0959



Report/Law Commission, Wellington, 2000

ISSN 0113–2334 ISBN 1–877187–58–5

This report may be cited as: NZLC R66

Also published as Parliamentary Paper E 31AY

16 October 2000

Dear Minister

I am pleased to submit to you Report 66 of the Law Commission, Criminal Prosecution, which is part of the continuing reference

to the Commission to review the law, structure and practices governing procedure in criminal cases.

We have concluded that the current criminal justice system is, by and large, effective and respectful of human rights. Radical change is not required but existing structures can be modified in many respects to make the system fairer as well as more efficient.

A broad analysis of the issues relating to Mäori was beyond the scope of this paper. It is nevertheless clear that many Mäori consider that the existing system is monocultural and even hostile to them. Further work is required in this area.

Yours sincerely

The Hon Justice Baragwanath


The Hon Phil Goff

Minister of Justice

Parliament Buildings


The Hon Margaret Wilson

Associate Minister of Justice

Parliament Buildings


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