Mentions of Law Commission in New Zealand Parliament debates

Hon LIANNE DALZIEL ... vote is outmoded and that it is time for it to go. Our party has not yet determined its position on the report of the Law Commission. I have been asked by the Leader of the Opposition to prepare a report for our caucus in order to debate what is a very,...

JONATHAN YOUNG ... Alcohol Harm Reduction) Amendment Bill to reduce the harm caused by alcohol. The Government has made it clear to the Law Commission that liquor issues are a matter of priority for the Government. With direction from the Minister of Justice, the Law ...

AMY ADAMS ... addition—and I know that this has already been mentioned in the debate—we have to be mindful of the fact that the Law Commission, which is a specialist body that considers such issues, is in the process of completing a comprehensive piece of work ...

The CHAIRPERSON ... role whose sign-off is required is the Deputy Leader of the Opposition. It then goes on to the president of the Law Commission, the Chief Ombudsman—I could go on—there is the Mayor of North Shore City, etc.

Hon TREVOR MALLARD ... that decision. A process that involves other people who guard the country’s processes, such as the president of the Law Commission and the Chief Ombudsman, might raise argument as to their roles, but I think an argument can be made that it is ...

CHRIS HIPKINS ... to reform and modernise the law relating to inquiries. It is another good example of some of the excellent work the Law Commission is doing to modernise some of our laws. It creates some new forms of inquiry that are less formal than, for example, a ...

DARIEN FENTON ... to nothing except more money for the better-off. The bill reforms and modernises the inquiries law and follows a Law Commission review. The new forms of inquiry will replace commissions of inquiry, but royal commissions will be retained under the ...

DAVID GARRETT The ACT Party will also be supporting the nuts-and-bolts, non-controversial Inquiries Bill, arising as it does from a Law Commission report entitled A New Inquiries Act. I will not repeat what others have said; that is a waste of time. The members on ...

LOUISE UPSTON ... first royal commission. That is enough of a history lesson on how commissions of inquiry came about. In 2006 the Law Commission reviewed the current law regarding public inquiries and published quite a lengthy document in May 2008, which called ...

CAROL BEAUMONT ... immediate issues. The bill also reforms and modernises the inquiry law, and, as others have mentioned, follows the Law Commission review. That review recommended replacing royal commissions, but the bill ensures that they are retained under the new ...

Hon CHRISTOPHER FINLAYSON ... However, it has become clear that the law relating to public inquiries is not without its problems. In 2006 the Law Commission began to review this law. In its 2008 report on that review, entitled A New Inquiries Act, the Law ...

CHARLES CHAUVEL ... Zealand has a connection is secure. That has to be a good thing for New Zealand business. The bill complements the Law Commission’s review of privacy laws. The commission has recommended enacting surveillance devices legislation, which would make ...

SIMON BRIDGES ... grow, with Facebook and with all those sorts of things. Different countries certainly take different approaches. The Law Commission has put out—as it tends to—a very long and learned paper on privacy, I think in 2009. As Sir Geoffrey Palmer says in ...

CLARE CURRAN ... addresses a number of problems with the Privacy Act, which I will spell out quickly. But along with the launch of the Law Commission’s review of privacy, an action by the previous Labour Government, this bill was part of Labour’s efforts to update and ...

KANWALJIT SINGH BAKSHI ... New Zealand and the European Union, in particular, and other trade partners. The Privacy Commissioner and the Law Commission agreed to these amendments. The bill authorises the Privacy Commissioner to prohibit the transfer of personal ...

CAROL BEAUMONT ... with the original Privacy Act. As well as introducing the bill, the previous Labour Government also launched the Law Commission’s review of privacy, which was part of updating privacy law in New Zealand in an effort to strengthen it. It is ...

KEITH LOCKE ... such as the Netherlands. As the previous speaker, Claire Curran, indicated in her description of what the Law Commission is up to on the privacy issue, and also the Privacy Commissioner herself when one reads her stuff, this bill is ...

Hon SIMON POWER ... can be done immediately to help limit the harm caused by alcohol. My intention is that it will be complemented by the Law Commission’s first-principles review of the entire regulatory framework for the sale and supply of liquor. I have asked the ...

IAIN LEES-GALLOWAY ... in Government because we take the issue of alcohol-related harm very seriously. Labour, of course, also initiated the Law Commission review of New Zealand’s liquor laws, and I look forward to the results of that review. As the Minister pointed out, it ...

Hon LIANNE DALZIEL ... and hear the evidence. That is why these sorts of matters should be subject to the kind of analysis that the Law Commission will be undertaking. I know that people think that, yes, it is fine that the Minister has asked the Law Commission to ...

Hon PHIL HEATLEY ... the Act, which was announced in November 2003. The review was initiated in response to widespread views held by the Law Commission, the Auckland Regional Council, and other sector stakeholders who said a review was critical. The Department of ...

LYNNE PILLAY ... My colleague Charles Chauvel will also probably take a call and mention that. But I start by acknowledging the Law Commission. A year ago, to the day, it released a very comprehensive report on compensation for crime victims. The commission, ...

CHARLES CHAUVEL ... Council. It was a really good idea. I listened to Chester Borrows, and it was obvious that he had never read the Law Commission’s report on the Sentencing Council. If someone steals a car in Hamilton, that person is more likely to go to jail than ...

Hon SIMON POWER ...ims’ compensation scheme.” That was in 1994. Fourteen years later and in its third term in Government, Labour asked the Law Commission to produce a discussion document on victims’ compensation. The previous Government was so committed to that policy ...

SUE MORONEY ... of those crimes. It is very important that we take responsible action about that. Labour had already asked the Law Commission to look into the best options for setting up a proper victims’ compensation scheme. We need a proper victims’ ...

METIRIA TUREI ... will not get any information from those at the coalface of dealing with this kind of legislation, whether it is the Law Commission, lawyers, those involved with family violence in the courts, or judges who might want to have a say on this. They will ...

LINDSAY TISCH ... so we find that in these Standing Order amendments no progress has been made in that respect. Since that time the Law Commission, in conjunction with the Parliamentary Counsel Office, has commenced an extensive review of the presentation of New ...

Dr PAUL HUTCHISON ... and, in particular, the children, sometimes can be profoundly negative. I think I quoted earlier on what the English Law Commission had said about it. It said: “What is more serious is that the parties, and more especially, their innocent children ...

HONE HARAWIRA ... our people may be involved, they get a fair, efficient, independent, and impartial hearing, and we know from the 2004 Law Commission report they are not currently getting that. Māori and Pasifika consistently tell us how hard it is to get basic ...

CHRISTOPHER FINLAYSON ... the High Court Rules. I have a feeling that these rules will undergo some changes in the next few months, because the Law Commission has recently published a report on prerogative writs and this type of judicial review. I agree with the ...

RUSSELL FAIRBROTHER ... they stand apart from the High Court Rules, but there are differences in practice, of course. But I do think that the Law Commission and the Rules Committee should also investigate the tribunals of this land, which are usually an inquisitorial process,...

CHARLES CHAUVEL ... it was appropriate for the Rules Committee to decide on the content of any redrafting project, as recommended by the Law Commission. In April 2007 an exposure draft of the new rules was produced. This was released for public consultation. Particular ...

TE URUROA FLAVELL ... can understand the significance of the revised rules, it will be those sorts of groups. Yet here is the thing: the Law Commission report states that pending wider constitutional discussions to consider a more just relationship between tikanga Māori ...

Hon RICK BARKER ... to civil proceedings in the District Court, where they will be supplemented by specific provisions. In 2004 the Law Commission recommended that the rules of the court be redrafted with the following aims: to clarify and simplify the language, to ...

JUDY TURNER ... to confirm whether his suspicion is well founded, without the permission of the mother who named him. In 2005 the Law Commission published report 88, titled New Issues in Legal Parenthood. The recommendations in that report are ...

Hon ANNETTE KING ... justice system. Victims will benefit from a number of reforms in the legislation. The legislation responds to Law Commission recommendations and developments overseas. Many of the areas included in this legislation have not seen fundamental ...

Hon RICK BARKER ...court’s work. The Criminal Procedure Bill is one of those pieces of work that does so. Work on the bill was led by the Law Commission, which made some excellent recommendations. I advise the House that more work is to follow. That bill makes a number ...

CHESTER BORROWS ... an applicant can make oral argument to it. Previously that provision was not there and it was not a feature of the Law Commission’s report to the Ministry of Justice in preparing this legislation. The third reason is that the Government has agreed ...

Hon PHIL GOFF ... tools to better reflect our modern expectations of criminal investigations and bring them into line with the Law Commission’s proposed comprehensive reform of the search and surveillance law. These powers will now be the subject of ...

Hon RICK BARKER ... can generally access anyone else’s records without any sort of protection for the subjects of those records. The Law Commission noted in its report on public registers, released earlier this year, that in our computerised age the ability of ...

Hon STEVE CHADWICK ... come down to the Chamber to take a call on this Human Tissue Bill. It has a very interesting history. It began with a Law Commission report that prompted us about ways forward to care for human tissue. I acknowledge that we started it off really with ...

JUDY TURNER ... provisions in a whole range of legislation, and we do not have a broad ethical framework in place. I know that the Law Commission, in cooperation with the Privacy Commissioner, currently has as part of its work programmes some really good reviews ...

SIMON POWER ... all of the law reform work that has been done by this Government in the last 12 to 18 months has been done by the Law Commission? Why is it that the Law Commission has at its fingertips a work programme that, frankly, would rival most departments ...

CHRISTOPHER FINLAYSON ... example, the commercial community in Auckland. These fundamental issues are not being looked at. Let us look at the Law Commission, because the reality of the matter is that the Law Commission has had to take over the law reform responsibilities of ...

Hon JIM ANDERTON ... other words, the law is working as it was meant to do. Not only that, but the Ministry of Health is working with the Law Commission to develop a reverse onus of proof to ensure controls around substances entering the market are tightened up. It is my ...

Hon ANNETTE KING ... the best form of legislation for police. This includes important contributions made by independent bodies such as the Law Commission, the Human Rights Commission, and the Office of the Privacy Commissioner. They helped to ensure that the proposals in ...

Dr PITA SHARPLES ...e—and the rest is history. Subsequent to that day the Solicitor-General referred the Terrorism Suppression Act to the Law Commission for review. Suppressed evidence was flashed across Fairfax media outlets, and before long the Solicitor-General ...

Hon ANNETTE KING ... compensation. This is a complex issue and it is one that is worthy of investigation. We have sent that finding to the Law Commission to give us advice on it. We have taken that select committee inquiry seriously, and we will address other parts of ...

Rt Hon HELEN CLARK ... aid legislation. A nationwide 0800 line and an information website for victims will be established. We have asked the Law Commission now for advice on the select committee’s recommendation for a victims’ compensation scheme, and we will make decisions ...

Hon ANNETTE KING ... following the select committee report. We have worked with the Chief Electoral Office, the Electoral Commission, the Law Commission, and the Crown Law Office to make this legislation work. There has been favourable feedback from many submitters who ...

TIM GROSER ... I cannot find the number. The chief executive has wide discretion to make a quick decision, and this flows out of the Law Commission’s report suggesting we need streamlined procedure. In respect of new section 231, “Applications to review seizure of ...

Hon RICK BARKER ... better control over illegal tobacco manufacturing operations. The matter of appeal rights arose as a result of a Law Commission report on the forfeiture regime in the Customs and Excise Act. The Government has agreed to reform the appeal rights ...

SHANE ARDERN ... the bill does three things. Forfeiture and seizure regulations will be amended, as per the recommendations by the Law Commission and others, and there will be an ability to appeal to the High Court, and to the appeal authority within the Customs ...

Hon CHRIS CARTER ... revenue-gathering activities or to breach its borders by importing or exporting restricted goods. A recent Law Commission report reviewed the forfeiture appeals regime, and suggested it could be reformed to be simpler and to provide greater ...

SHANE ARDERN ... investigation in the select committee. The issues that need to be properly looked at are the reasons why the Law Commission recommended the changes to the forfeiture and seizure regime. Based on what the Minister said, I understand that the ...

DIANNE YATES ... this bill and for his comments. As we have seen, the bill does three things. Firstly, on the recommendation of the Law Commission, the bill changes the appeals system for people after their goods are seized, and it makes the appeal process faster ...

CHESTER BORROWS ... moment is unclear, and it sets about two different courses of action for what is pretty much the same objective. The Law Commission has made a recommendation that the law be clear and concise—and so it should be. People have to live within the law; ...

MARTIN GALLAGHER ... surrounding forfeiture and seizure are as streamlined and practical as possible. I also note that in 2006 the Law Commission recommended that the current system, which allows people to appeal after their goods are seized, be changed to make ...

TE URUROA FLAVELL ... I want to touch on the appeal and review rights under the statutory forfeiture and seizure regime. We note that the Law Commission has recommended that the current appeals system should be replaced with another process that provides for a cheap and ...

TE URUROA FLAVELL ... to be beneficial and workable, they should be urgently reconsidered. In response to Justice Doogue’s findings, the Law Commission report highlighted problems with the existing legislation and concluded it was defective in its failure to set out a ...

Hon LIANNE DALZIEL ... to leave the company. The provisions have been amended largely in accordance with the recommendations made in the Law Commission report on minority buy-outs. The Law Commission commenced a review of the minority buy-out provisions after Justice ...

Dr RICHARD WORTH ... sum of money involved. In other cases there could be a substantial number of shareholders involved. While the Law Commission and the legislature may have been wise to avoid the complexity of some of the North American legislation, it would ...

LINDSAY TISCH ... and the date at which shares were to be valued. That case was really the genesis of a review that then led to a Law Commission report back in 2001. At the time of that case the judge said the matter was urgent—that it needed urgent action. And ...

Dr RICHARD WORTH ... the Act was short on detail or, alternatively, the issue was missing from the Act. So it is right to say that the Law Commission reached a proper view in concluding that the bones of the law needed some flesh, and that is what we are seeing today. ...

LINDSAY TISCH ... came out. As I said in my previous speech, the genesis of the bill came from the court case heard back in 2000. A Law Commission report came out following that, recommending that these changes be made. We welcome the clarification that the bill ...

Hon LIANNE DALZIEL ... the minority buy-out provisions in the Companies Act 1993, in accordance with the recommendations set out in the Law Commission report Minority Buy-Outs, which was written as a result of Justice Doogue’s decision in . That case concluded that the ...

SIMON POWER ... that I have raised in this House on a number of occasions, which concerns the fact that the Government’s response to Law Commission recommendations is nothing if not consistent—that is, whatever the Law Commission recommends, the Government puts into ...

JUDITH COLLINS ... shows itself so completely incapable of coming up with any policy that it now relies on Sir Geoffrey Palmer at the Law Commission to put forward all its policy. That seems to me to be an indication that we need to go significantly further than the ...

Dr PITA SHARPLES ... to require the company to purchase those shares in accordance with section 111 of the Companies Act 1993. Both the Law Commission and Justice Doogue concluded that the Companies Act 1993 was actually defective in its failure to set out a workable ...

Dr RICHARD WORTH ... a substantial number of shareholders involved.” Against the background of that decision the issue went off to the Law Commission and, after what others have described as a substantial period of delay, now comes to this House in terms of the ...

CHRISTOPHER FINLAYSON ... say it is simply not there. Secondly, as one of my colleagues said last night, this is a structure proposed by the Law Commission, and then further developed by bureaucrats in Wellington and sent out to iwi. It is so typical of this know-all Labour ...

Hon PAREKURA HOROMIA ... and social success and to an enhanced contribution by Māori to the future of Aotearoa New Zealand. The New Zealand Law Commission initially investigated these ideas in the context of the Treaty settlement process, identifying a pressing need to ...

Hon GEORGINA TE HEUHEU ... in inverted commas—the initiative was not Māori. It was the initiative here in Wellington, developed first by the Law Commission—and nobody asked the Law Commission to do this, other than the Government—and then armies of bureaucrats busied ...

DAVE HEREORA ... that National is not supporting the bill. It is not surprising at all. The Māori Affairs Committee heard from the Law Commission. It gave us a briefing in relation to the principles surrounding this bill, and it pointed out quite a serious problem,...

JUDY TURNER ... during October and November in 2006, when Justice Durie sought feedback on proposals for legislation contained in the Law Commission report 92, Waka Umanga: A Proposed Law for Māori Governance Entities. What came out of his round of consultation was ...

Hon NANAIA MAHUTA ... bill was solely driven by the Government. It was not. This was a considered piece of work that was done through the Law Commission. It was led by Justice Durie, someone who is well known to the Opposition and well known across this House, who has a ...

KEITH LOCKE ... anything going wrong. That perhaps can be an outcome of all of this. We should do the listening. That is what the Law Commission will do now that the Terrorism Suppression Act has been referred to it. We perhaps need to listen to the people we did ...

Madam SPEAKER ... attention of the House. The Solicitor-General has invited the Attorney-General to consider referring the Act to the Law Commission to consider whether it should be under review, and this has now been done. Furthermore, members took the opportunity ...

Hon PETER DUNNE ... the events of recent days, that the course of action of having the domestic situation more thoroughly reviewed by the Law Commission, and issues along the lines of how we promote national security considered, may well be a fairer way to go at this ...

Hon Dr MICHAEL CULLEN ... deals with an international terrorist context. I will be taking seriously his suggestion of referring the Act to the Law Commission, and will refer the Act to the Law Commission for its consideration in that regard. I think we need to note that the ...

GORDON COPELAND ... lawyers who have taken the trouble to contact me. The Justice and Electoral Committee also sought input from the Law Commission. A response was received from the Rt Hon Sir Geoffrey Palmer, who is President of the Law Commission. His submission ...

Hon ANNETTE KING ... needed to be done. In Mr Copeland’s contribution this evening he mentioned Sir Geoffrey Palmer, the chair of the Law Commission. Given Sir Geoffrey’s support for the inclusion of the right of property within the New Zealand Bill of Rights Act, ...

Dr RICHARD WORTH ... and which National supports. I noted in my earlier comments that this particular change in the law is based upon a Law Commission report released in April 2002. The commission saw those changes as being urgently required. Sadly, it has taken 5 ...

TE URUROA FLAVELL ... there is not a lot of extra cash left over to go to court in respect of the technicality of trusteeship. An earlier Law Commission report entitled Treaty of Waitangi Claims: Addressing the Post-Settlement Phase, an advisory report to Te Puni Kōkiriin...

KATE WILKINSON ... and referral for some scrutiny in the select committee process, is, as has been mentioned, the result of a 2002 Law Commission report entitled Some Problems in the Law of Trusts. It is puzzling that this somewhat technical and probably non-controv...

LYNNE PILLAY ... speeches from other members. We all know that this Trustee Amendment Bill was based on recommendations made by the Law Commission in its 2002 report. The report related to some problems relating to the law of trusts. In its discussion document on ...

Hon NANAIA MAHUTA ... Committee for consideration. This bill amends the Trustee Act 1956 in light of the recommendations made by the Law Commission in its report entitled . The bill implements five statutory amendments proposed by the Law Commission report. It also ...

SIMON POWER ... and accordingly should pass through the House. Indeed, as the Minister said, the bill is based on proposals in a 2002 Law Commission report—one of the reports that, with recent changes to the commission’s role, have taken on a more significant meaning ...

CHARLES CHAUVEL ... speeches of the Minister and the Opposition spokesperson. The Trustee Amendment Bill is based, as we have heard, on a Law Commission report that dates back to 2002, as I recall, entitled Some Problems in the Law of Trusts. The Law Commission’s report ...

Dr RICHARD WORTH ... quick as the previous speaker, Charles Chauvel, to give unstinting praise for the Government’s speed in implementing Law Commission reports—for, as we have heard, this is not one of those instances. It was in April 2002 that the Law Commission ...

CHRISTOPHER FINLAYSON ... is a good way of legislating. Indeed, I refer members to an excellent paper, which has just been published by the Law Commission, called Presentation of New Zealand Statute Law. It is worth reminding the House when we deal with these sorts of ...

PITA PARAONE ... people, and everyone else, that opportunity. I note the citation from the National Party speaker in regard to the Law Commission’s comment about statute law being untidy. I am not in a position to question that comment, and I certainly do not ...

Hon ANNETTE KING ... their suggested improvements to the bill resulted in their receiving an exceptionally complimentary letter from the Law Commission, which wrote: “The impact of the actions by the members of NZFSA who were advising the select committee have been very ...

Dr PITA SHARPLES ... Medicines Amendment Bill. It is an interesting coincidence that this bill is being discussed on the day the Law Commission, Te Aka Matua o Te Ture, released its issues paper entitled Presentation of New Zealand Statute Law. The paper begins ...

KATE WILKINSON ... more competitive employers, attractive to prospective employees. I was interested to read recently the words of the Law Commission in its statement of intent. It stated: “the Commission continues to be concerned that there is insufficient ...

TARIANA TURIA ... in other legislation such as the Terrorism Suppression Amendment Bill and the Immigration Bill, and in the Law Commission’s Search and Surveillance Powers report. And this bill adds a whole new inventory to that list: the Arms Act, the ...

Dr PAUL HUTCHISON ... openness of the court and the restrictions that can apply, was very carefully and poignantly expressed by the English Law Commission: “What is more serious is that the parties, and more especially, their innocent children whose identity is frequently ...

Hon RICK BARKER ... to be heard by the court. The matter has been raised with the Ministry of Justice, it has been forwarded to the Law Commission for comment, and the Supplementary Order Paper that we have in front of us has been drafted by the Law Commission. The ...

Hon RICK BARKER ... he spoke about the qualifications for the position of senior Family Court registrar. The original proposal from the Law Commission had in it that a person would have held a practising certificate as a barrister and solicitor for at least 5 years, ...

Hon ANNETTE KING ... the appointment of senior Family Court registrars. This change has arisen as a consequence of submissions from the Law Commission and Family Court judges. Currently judges spend a significant amount of time performing administrative work, ...

Dr PAUL HUTCHISON ... the Family Court. I think it is relevant to once again say that much of what the bill incorporates is a result of two Law Commission reports: Dispute Resolution in the Family Court, released in 2003, and Delivering Justice For All

TE URUROA FLAVELL ... as alluded to by Mr Jones. To that end, the Māori Party has a keen interest in ensuring that the promise of the Law Commission report of “delivering justice for all” will be given priority through the Family Courts Matters Bill. We are pleased ...

JUDY TURNER ... but was blocked from timely contact with his child and lost time with the child. This is a recommendation of the Law Commission; this is not some flaky idea that Judy Turner has dreamt up. In the Law Commission’s paper on legal parentage it ...

Hon RICK BARKER ... on attendance and reporting have made it more difficult for the public to understand how the courts operate. The Law Commission examined the question of openness as part of its review of the structure of the courts, and concluded that most ...

LYNNE PILLAY ... step. As with so much legislation we see before this House, this bill is the result of work carried out by the Law Commission. The commission’s 2003 report on dispute resolution in the Family Court was the basis of a lot of the work done on ...

RON MARK ... as they are presented before the committee, because no doubt the considerations that have been made by the Law Commission are deep and are well-thought-through, but there is no denying the high level of public concern. I guess one of the ...

TE URUROA FLAVELL ... Hall and Joan Metge conclude, which is that Māori family forms and values are being placed under great stress. The Law Commission study that was commissioned by the Government and was reported back in 2002 concluded that greater provision needed to ...

TARIANA TURIA ... bills and reports, such as the Terrorism Suppression Amendment Bill, the Aviation Security Legislation Bill, and the Law Commission’s Search and Surveillance Powers report. This Immigration Bill creates a whole new artillery of secret information ...

CHARLES CHAUVEL ... We are considering the efficiency of some of the entities in the justice sector, like the Legal Services Agency, the Law Commission, and the provision of Crown legal services. We are also looking at access to justice. These sorts of things are ...

KATRINA SHANKS ... we have not had any submissions on it, we have not had any advice on how well it is written, and we have not had the Law Commission give us its view on it, so let me have a look at it. I think I am pretty good at law. I did law at university. What ...

Hon MARK BURTON ... so there was no need for a Sentencing Council. As I say, that is a contradictory point of view. First of all, the Law Commission report established that there is a clear need for sentencing guidelines. Research carried out for the commission ...

CHARLES CHAUVEL ... that this is bold and enlightened legislation, based on the evidence and on the careful reports and research of the Law Commission. Clearly, the recent increase in prison inmate numbers in New Zealand is no longer sustainable, financially or ...

Dr RICHARD WORTH ... has not concealed, right from the outset, its deep dislike of it. It is not really a case of an Homeric nod by the Law Commission; rather, it is the case of a massive blunder. I simply cannot agree with the earlier speaker who made comments about ...

RON MARK ... behind the legislation is a key number of advisers—advisers from ministries and advisory organisations, be they the Law Commission, the Law Society, or whatever. It does not go without noting by New Zealand First that the wonderful advice many ...

CHRISTOPHER FINLAYSON ... But it seems that Sir Geoffrey in his later years has gone over to the dark side, and what is proposed by the Law Commission and followed through by this Government in this legislation is, as I have said, unconstitutional. From the time of ...

LYNNE PILLAY ... a council that all New Zealanders will have confidence in. I also acknowledge, as I have in earlier speeches, the Law Commission, because I know that this bill and many of the bills that have come before our committee have resulted from the very ...

SIMON POWER ... about this particular portfolio, which in some ways is a helpful thing, is that the Minister responsible for the Law Commission is also the Minister of Justice, Mark Burton. He is currently the Minister in the chair, and as he is the Minister of ...

RODNEY HIDE ... the National Party’s support, to be subbed on to it to hear this bill. I have been to see and would like to thank the Law Commission and Sir Geoffrey Palmer, who has some criticism of this bill, particularly the ouster clause—he thought that would be ...

CHRISTOPHER FINLAYSON ... Council did not sign the necessary documents. We also had an array of common law, judge-made law, on evidence. The Law Commission wanted to bring it all together, and that is what has been done through the Evidence Act 2006. That is why Mr Tanczos ...

TE URUROA FLAVELL ... system. For a particularly comprehensive understanding of this issue I refer the House to a 1999 publication by the Law Commission entitled Te Tikanga o te Ture: Te Mātauranga o ngā Wāhine Māori e pa ana ki tēnei. This report on Māori women’s access ...

CHRISTOPHER FINLAYSON ... reading speech when I deal with those issues in the third reading. It would be good if by the time of any review, the Law Commission and Parliament try to codify what exactly are the principles of the common law that we are dealing with here. As Mr ...

Hon MARK BURTON ... common law exception into the Act by way of an amendment to section 27. The original Evidence Bill was based on the Law Commission’s draft evidence code and changed the common law to provide that if a defendant’s statement offered by the prosecution ...

RUSSELL FAIRBROTHER ... overlooked. It was probably overlooked because the committee considered very seriously the amendment proposed by the Law Commission and was easily persuaded in the end—as nearly all the submitters and the officials advising us appeared to be—that the ...

Dr PITA SHARPLES ... of evidence of co-conspirators and persons involved in joint criminal enterprise was based on a code drafted by the Law Commission. Of course, one would expect the same standards of rigour and integrity to apply in the examination of evidence as we ...

CHRISTOPHER FINLAYSON ... is interesting to go into the legislative history of the matter, just for the sake of completeness. Clause 26 of the Law Commission’s draft code could probably well have been a better formulation than the clause adopted by the select committee. That ...

Dr RICHARD WORTH ... undertaking to codify the law of evidence that was intended. I think that is to be well seen in the fact that the Law Commission report that had recommended such codification was in a complex report of two volumes, published in August 1999, nearly ...

NANDOR TANCZOS ... the Evidence Act 2006 in the Justice and Electoral Committee, we were concerned about the original proposal of the Law Commission that if a defendant’s statement offered by the prosecution was admissible, that evidence should be admissible against ...

Hon MARK BURTON ...(Repeal of Seditious Offences) Amendment Bill be now read a third time. This bill implements the recommendations of the Law Commission in its report . In the report the Law Commission concludes that seditious offences are overly broad and uncertain, ...

Dr RICHARD WORTH ... the context of a number of issues. The starting point—and the Minister dwelt very briefly on this—was a report by the Law Commission that was tabled in Parliament in 2007 called Reforming the Law of Sedition. I note that the Law Commission and the ...

LYNNE PILLAY ... Seditious Offences) Amendment Bill, this time in the third reading. At this stage, firstly, I would like to thank the Law Commission—

CHRISTOPHER FINLAYSON ... to receive a limited number of submissions from interested parties, to reflect on those submissions, to read the Law Commission’s report, and to send this bill back to Parliament for a full debate in the Committee of the whole House. As the ...

TARIANA TURIA ... Future in a joint call to the Government to push through legislation that would pick up on the recommendation of the Law Commission to scrap the charge of sedition. And here we are today, 6 months to the day after that historic press conference, with ...

Rt Hon WINSTON PETERS ... all sorts of sources of those coming to this country? In the main, the answer is no one at all. I am told that the Law Commission says we should do this measure, so we will do it. Well, who heads the Law Commission? Sir Geoffrey Palmer, who is a ...

Hon MARK BURTON ... Committee. It is an opportunity for us to perhaps have a more careful and extended look at the provisions of the Law Commission’s report and its recommendation that New Zealand finally set aside the laws of sedition. The Law Commission was ...

CHRISTOPHER FINLAYSON ... speech I went through that in some detail, so I will not repeat myself here. But I agree with the Minister and the Law Commission that it is a very vague definition. When one looks, for example, at subsection (1)(e), which sets out one of the ...

LYNNE PILLAY ... public safety. Seditious offences have been used at times of perceived threats to the established authority. The Law Commission concluded that seditious offences, as they were set out, were overly broad and uncertain. They infringe on the ...

RON MARK ... analyse some of the statements that have just been made in support of the bill, including the statements made by the Law Commission in advocating the need for it. I am just going through the summary that I have received, and a couple of things stand ...

Hon MARK BURTON ... has set about clearing up years and years of neglect by the National Government, which never advanced the work of the Law Commission. Endless piles of work was done, but then nothing happened to it. This Government has set about not only tidying up ...

COLIN KING ... that these laws of sedition are really up to the independent interpretation of the police, I take comfort that the Law Commission deemed it necessary and appropriate that we should be looking at removing these offences from the Crimes Act, by ...

CHARLES CHAUVEL ... of Otago faculty of law. He stated: “My submission is brief. I support this bill for the reasons outlined in the Law Commission’s very thorough report. The select committee, in my opinion, should report it back to the House in an unchanged form.” ...

HONE HARAWIRA ... and oppress anyone daring to challenge the status quo. In fact, even the former Prime Minister and president of the Law Commission, Sir Geoffrey Palmer, admits that the archaic offence of sedition is too wide and too unclear, and that it has been ...

CHARLES CHAUVEL ... for seditious offences have been few and far between in the 20th century. There was the 1977 United Kingdom Law Commission report into sedition, where the preliminary view was that there was no longer any need for the offence. None the less, ...

CHRISTOPHER FINLAYSON ... person who became interested in this issue and worked with other parties to see that the issue was taken up by the Law Commission, which published, as the Minister said, a very good report. It has led in no time at all to the introduction and rapid ...

CHARLES CHAUVEL ... to support the repeal of the sedition legislation, based on the very detailed and well-reasoned provisions of the Law Commission. I am sorry that in the end we were not able to persuade Mr Mark and his party of the merits of the decision to push ...

RON MARK ... allowed. Even speech that promotes unpopular, unreasonable, distasteful, or dangerous ideas must be allowed. As the Law Commission says, “expressions should not be branded as criminal simply because they involve dissent and political opposition to ...

CHARLES CHAUVEL ... “Seditious Officers Bill”, as Ms Wagner seemed to think it was called. This bill is the latest in a long series of Law Commission recommendations to be progressed through the legislative process by this Government. I did a count while I was ...

LYNNE PILLAY ... with the Opposition—or exciting ill will between different classes of people, such as may endanger public safety. The Law Commission worked on this bill and published a consultation document on reforming the law in October 2006. Its report, which ...

RODNEY HIDE ... Seditious Offences) Amendment Bill on to the parliamentary agenda. I also think we should acknowledge the work of the Law Commission, which did the original research. It raises an interesting point, because we have a lot of law on the statute book ...

NICKY WAGNER ... all other parties in the House, supports the Crimes (Repeal of Seditious Offences) Amendment Bill. We agreed with the Law Commission when it concluded in its report earlier this year that seditious offences should be repealed, and it gave good reasons ...

Hon MARK BURTON ... Committee, which recommends that it be passed with no amendments. The bill implements the recommendations of the Law Commission in its report . In the report, the Law Commission concludes that the seditious offences are overly broad and uncertain,...

CHRISTOPHER FINLAYSON ... Bill and simply say, as the Minister, Mark Burton, has said, the bill follows on from a report prepared by the Law Commission entitled Reforming the Law of Sedition. The Minister was quite right to say the issue came to a head relatively ...

KEITH LOCKE ... that repressive law, perhaps again and again. The other event that has propelled change was Sir Geoffrey Palmer’s Law Commission report entitled Reforming the Law of Sedition, which called for the law’s repeal and provided all the reasoning as to ...

Hon PETER DUNNE ... that we held a joint press conference very deliberately on the day before Anzac Day, to make our call for the Law Commission’s recommendations to be accelerated in their passage through this House. It struck us as ironic that although Anzac ...

SIMON POWER ... what we are looking at here is a historic series of offences that do require close attention. Just because the Law Commission comes up with an idea does not make it right. We will come to another bill later tonight where the Law Commission has ...

Hon MARK BURTON ... between different classes of persons as may endanger the public safety.” In July 2006, I say with some relief, the Law Commission was asked to review the seditious offences in the Act and to make any recommendations for reform that were deemed ...

CHRISTOPHER FINLAYSON ... This bill is a very interesting one, and I certainly look forward to working on the legislation. I too commend the Law Commission for its report. It is both very interesting and very readable. I want to say a number of things about sedition and ...

LYNNE PILLAY ... or to inciting “ill will between different classes of people as may endanger the public safety.” I commend the Law Commission for the good work it did in October 2006 on its consultation document on reforming the law of sedition. It then ...

Dr RICHARD WORTH ... said, the offence of sedition has an ancient and unsatisfactory history. That was certainly the view that the Law Commission took, because it stated in its report, which calls for the abolition of the offence, that it was appropriate that it ...

JUDY TURNER ... people. We have written to the Minister of State Services, the Minister of Justice, the Privacy Commissioner, and the Law Commission asking them to take this matter into consideration and to provide some ongoing advice to the House about any of the ...

TE URUROA FLAVELL ... involvement of tangata whenua—without any kind of agreement from Māori as the partner to the Treaty. In 1997 the Law Commission produced guidelines that I would recommend to this House for background reading to this bill. Its guideline, entitled ...

Hon PETER DUNNE ... but for many New Zealanders today they go to the heart of the credibility of this issue. I welcome the fact that the Law Commission has already indicated it wants to do some work in this area. I think it is vitally important that the New Zealand ...

Hon CLAYTON COSGROVE ... those members in the Justice and Electoral Committee who were at the sharp end; to those eminent persons in the Law Commission; to the officials, who often get kicked around in public life but who are there in the engine room making things happen;...

LYNNE PILLAY ... standing beside them: Peter Dunne, Brian Donnelly, Doug Woolerton, and Katherine Rich. I also acknowledge the Law Commission and the Rt Hon Sir Geoffrey Palmer, who worked so hard with us in drafting the first amendment, and the Justice and ...

GORDON COPELAND ... (1).” When I read that, I thought: “What on earth does that mean?”. So I went straight away to the report of the Law Commission back to the select committee, which explains why subclause (3) had been put in. It states: “Subclause (3) has been ...

SUE BRADFORD ... defence should for any reason it become known to the police that this incident had occurred. Four lawyers from the Law Commission, including Sir Geoffrey Palmer, worked with the select committee on this amendment. We discussed and considered it at ...

Hon CLAYTON COSGROVE ... over many of these sorts of issues. The changes made by the Justice and Electoral Committee, on advice from the Law Commission, did indeed improve this bill, and they were underpinned by prosecution guidelines and the appropriate use of police ...

LYNNE PILLAY ... is a common-sense name. It is not a repeal; it is an amendment—and I acknowledge at this time the assistance of the Law Commission—that acknowledges the concerns raised by some people who came to the Justice and Electoral Committee. The committee ...

Dr PAUL HUTCHISON ...t” by their parents, those parents could be wrongfully criminalised, and on the other hand Sir Geoffrey Palmer from the Law Commission stated that that would not be the case. So therefore, when we get back to this title, if we look at every aspect of ...

LYNNE PILLAY ... by the non-governmental organisation sector—and we are very appreciative of that—and also with the assistance of the Law Commission, to create an amendment that gave clarification to people, and, therefore, gave reassurance to good parents in New ...

NANDOR TANCZOS ... Parole Board the ability to hear unsworn evidence and to call witnesses. As the Prime Minister confirmed today, the Law Commission’s report clearly confirms that the Parole Board can already hear evidence, whether it is sworn or unsworn. If we look ...

SIMON POWER ... So this is a Prime Minister who fronted the Criminal Justice Law Reform Bill launch, got separate opinions from the Law Commission about the issues surrounding parole, and then disagreed publicly with the Parole Board and the Department of ...

CHRISTOPHER FINLAYSON ... The law of limitation is one. The Government cannot even get technical things right. Study Paper 10, presented by the Law Commission in 2001, had a draft bill appended, yet the Government still cannot work on that to get draft legislation into this ...

CHRISTOPHER FINLAYSON ... appendix A and introduce a Judicature Amendment Bill when it is all there for them. It has all been provided by the Law Commission, but nothing has been done—and that is in the technical area. If we read through the annual report of the Law ...

SIMON POWER ... than one issue over the period in review. The Prime Minister has seen fit to seek separate legal opinions from the Law Commission about whether the Parole Board, the probation service, and the Department of Corrections acted correctly. This clearly ...

SIMON POWER ... the Ministry of Justice. When we look closely at who is leading law reform and legislative change, we see it is the Law Commission. It is not the Ministry of Justice; it is the Law Commission. If it is a hot potato, we know that Rick Barker does not ...

Hon PETE HODGSON ... the Government Administration Committee and its members, who deliberated on the legislation. Also, I thank again the Law Commission, and especially Sir Geoffrey Palmer. As well, I would like to thank those who made their submissions on this ...

SHANE ARDERN ... quite difficult, particularly parliamentary counsel, and I thank them for their efforts. Sir Geoffrey Palmer and the Law Commission spent time going through some of the anxiety the committee had around the executive power we were giving to whoever is ...

KEITH LOCKE ... Health people, from human rights people, and, of course, from Sir Geoffrey Palmer, who has been mentioned, from the Law Commission. All their input was considered, and the views of the officials evolved. This legislation changed in the select ...

Hon RUTH DYSON ... that could be prevented by better provision of safeguards in the legislation. These concerns were identified by the Law Commission in the first instance. The commission undertook consultation, and in 2001 proposed changes to Part 9 of the Act. ...

BARBARA STEWART ... be. We have heard from many of the other speakers that this is a very important bill. The bill follows many of the Law Commission’s recommendations. It is timely that after a considerable period this bill has now been reviewed. We know in this ...

TE URUROA FLAVELL ... support the provisions set out in this bill. The provisions address all of the five types of misuse identified by the Law Commission, and in doing so make clear the obligation of the attorney to act in the donor’s best interests. The key challenge ...

KATRINA SHANKS ... a lot of value to the bill, as well. In fact, this bill came about because of a review that was carried out by the Law Commission in 2001. The commission published a report entitled Misuse of Enduring Powers of Attorney. That report is what started ...

Dr PAUL HUTCHISON ... to speak on Part 1 of the Protection of Personal and Property Rights Amendment Bill. This bill has arisen out of the Law Commission’s paper: Misuse of Enduring Powers of Attorney in 2001. As I noted yesterday it is now 2007—an extraordinary time, in ...

KATRINA SHANKS ... committee. We worked hard, and we listened to the officials’ advice. We heard some very, very good advice from the Law Commission. As always, the commission put in a wonderful submission and had some great points, which we took on board when we put ...

KATRINA SHANKS ... this legislation. Enduring powers of attorney have been around for 19 years, as I mentioned just before. In 2001 the Law Commission, or Law Society, did a review—

KATRINA SHANKS ... through the process, because they really were quite invaluable. At the same time, I would also like to recognise the Law Commission, which gave an absolutely fantastic submission on this legislation, guided us through the process, had a really good ...

TE URUROA FLAVELL ... for strengthening accountability through the new witnessing requirements, we hope that the procedures are, as the Law Commission put it, “as swift, inexpensive, informal, and lawyer free as possible”. We endorse the comments made by the National ...

JUDY TURNER ... Bill. The intention of this bill has been, of course, to reduce elder abuse, as recommended by the New Zealand Law Commission. On one hand we want to encourage the use of an enduring power of attorney by keeping it simple, straightforward, and ...

STEVE CHADWICK ... Services Committee, so this is an outsider’s view of the bill. People are saying that this bill has arisen from a Law Commission report. I want to give some acknowledgment to the Minister for Senior Citizens, Ruth Dyson, who is the one who decided ...

Dr PAUL HUTCHISON ... progress it through to the second stage. As has been said, this bill is a result of the recommendations made in the Law Commission’s 2001 report, published as Misuse of Enduring Powers of Attorney. But one does wonder why it has taken 6 years under ...

Hon RUTH DYSON ...donor’s express wishes in terms of managing his or her care and welfare or assets and income. In 2001 the New Zealand Law Commission published a report on the misuse of enduring powers of attorney. The Law Commission found that a significant majority ...

KATE WILKINSON ... is trusted. Most can be trusted, but unfortunately some cannot. The Minister the Hon Ruth Dyson has referred to the Law Commission report of 2001 entitled Misuse of Enduring Powers of Attorney. That paper referred to an absence of effective ...

Hon BRIAN DONNELLY ... does not, obviously, apply only to the elderly, but the elderly are the main utilisers of the mechanism. As the Law Commission discussion paper of 2000 stated quite clearly, the law needs machinery to enable decisions to be made on behalf of ...

Dr PITA SHARPLES ... This Protection of Personal and Property Rights Amendment Bill puts into place the recommendations from the Law Commission’s 2001 report Misuse of Enduring Powers of Attorney to provide for the protection of the personal and property rights ...

NANDOR TANCZOS ... Party members can do no better than to base our decision on the fact that the bill is based on recommendations of the Law Commission in its report Misuse of Enduring Powers of Attorney. I think that is a very good basis on which to make a decision to ...

METIRIA TUREI ... are real issues here around the principles of justice that are worthwhile highlighting. I know, for example, that the Law Commission is very concerned about some of these provisions that retrospectively validate the decisions of the judge who was ...

CHRISTOPHER FINLAYSON ... the National Party has seen are the guidelines that were given to me when I was in England. No one from the Law Commission or from the Minister’s office has condescended to provide them for us, although we know they are in existence in draft ...

CHARLES CHAUVEL ... seems to me that one of the difficulties with what is suggested is that all provisions in the legislation relate to Law Commission proposals to remove the right of victims to make oral submissions to the Parole Board. There is no change, as far as I ...

LYNNE PILLAY ... make oral submissions to the Parole Board. Certainly there was considerable discussion with the advisers from the Law Commission in terms of the admission of the provisions that maintain the status quo. It was argued that for victims to give an ...

CHRISTOPHER FINLAYSON ... lawyers and judges are dealing with, day by day, in the courts. It is something that academics and the people in the Law Commission may not necessarily have to deal with, which is probably why they seek to impose this Stalinist requirement that the “co...

Dr RICHARD WORTH ... degree of misgiving is in connection with this particular part of the bill. We have come to have great faith in the Law Commission, but on this occasion we have been sadly let down, because this is an initiative that comes from that commission. The ...

Hon MARK BURTON ... in sentencing, particularly for less serious offending, that has been identified in research carried out by the Law Commission. In consideration of judicial submission, the bill now provides for the chairperson of the council to be a member of ...

SIMON POWER ... it is one bill dealing with three quite different subject matters. The first relates to the arrival of the Law Commission - recommended Sentencing Council. The second relates to changes to home detention so that it is brought in as a ...

LYNNE PILLAY ... staff, the officials, those who made submissions, the members of the judiciary who spoke to the committee, and the Law Commission, which put so much time into its report on servicing guidelines and parole reform, which was the basis of this ...

CHRISTOPHER FINLAYSON ... New South Wales, and a number of American states. In its report Sentencing Guidelines and Parole Reform, the Law Commission has recommended the establishment of a Sentencing Council, and the Government has agreed that such a council should be ...

Dr PITA SHARPLES ... rates, to stand up to injustice, and to demand better. A key initiative in this bill is to give effect to the Law Commission’s recommendations to establish a Sentencing Council. The council will issue guidelines on sentencing principles, levels,...

KATE WILKINSON ... years’ imprisonment or more who are eligible for parole will be eligible at two-thirds of their sentence. But, as the Law Commission pointed out, sentences would have to be about 25 percent shorter after the parole changes, if the length of time ...

DARIEN FENTON ... spent a considerable amount of time working on the amendments to Part 1, and we appreciated the advice of the Law Commission and the officials so as to get a reasonable balance between the emergency powers, which can be quite draconian, and ...

JUDY TURNER ... could respond to that. These are the kinds of whole-of-Government implications that cannot be understated. The Law Commission did a report some years ago on emergency powers. The basic recommendation was that being specific in our pre-planning ...

Hon PETE HODGSON ... committee again for its work on what has been a difficult piece of legislation, and to acknowledge the work of the Law Commission, and in particular of Sir Geoffrey Palmer, in dealing with some of the difficult constitutional matters. I also ...

Hon PETE HODGSON ... has shown leadership in the world—is planning for the disruptions to society that may occur from a pandemic. The Law Commission supported this focus and provided constructive suggestions to the committee, to ensure that the legislation could work ...

SHANE ARDERN ... considered, and heard 18 submissions from interested groups and individuals. We also received briefings from the Law Commission. We received advice from the Minister of Health, the Ministry of Health, the Department of the Prime Minister and ...

DARIEN FENTON ... nature—that can use wide powers in emergencies—must have checks and balances. We were grateful for the advice of the Law Commission and Sir Geoffrey Palmer, who assisted the committee with these issues. The bill now includes a number of measures to ...

KEITH LOCKE ... advice changing week by week, and people taking into account the submitters and also the very useful advice by the Law Commission in the person of Sir Geoffrey Palmer, which all pushed the bill in a very good direction. If we look at the bill and ...

Hon PETER DUNNE ... regard, I also refer to comments made as recently as August by the Rt Hon Sir Geoffrey Palmer in an address to the Law Commission. He said: “The most innovative accomplishment in New Zealand tax law has been the re-writing of the tax legislation in ...

Dr PITA SHARPLES ... Māori committee, alongside Bishop Manuhuia Bennett, Judge Michael Brown, and Professor Mason Durie, that advised the Law Commission on the “development of a bicultural framework for the law in New Zealand”. She has also had her fair turn in the ...

Hon HARRY DUYNHOVEN ... apply in all of these situations, and it is vital that these rules are up to date, clear, and accessible. When the Law Commission completed its review of the existing legislation in 1994, it recommended a new Act to restate and update the rules. ...

CHRISTOPHER FINLAYSON I join with the Minister in congratulating the Law Commission on a job well done. I particularly thank Justice Blanchard who, when he was a law commissioner, undertook this huge ...

Dr RICHARD WORTH ... But I do not want to dwell on that. I would just say that it is an excellent outcome that we have a reinvigorated Law Commission with only the occasional Homeric nod—I think most recently of the Sentencing Council and the work that was done there, ...

KATE WILKINSON ... in support of this Property Law Bill at its third reading, it is interesting to note the introductory remarks of the Law Commission report some 13 years ago that recommended way back then a new Property Law Act. It basically stated: “Although ...

Dr RICHARD WORTH ... a moment to refer to—that is, we are here faced with legislation that was the basis of a very careful report by the Law Commission some years ago, and it has taken all this time to come to fruition in the parliamentary process. It was, I understand, ...

CHRISTOPHER FINLAYSON ... really very practical for most New Zealanders, and that is mortgages. I think that an excellent job was done by the Law Commission in reporting on this particular area of the law, and I commend the Ministry of Justice, which took the commission’s ...

CHRISTOPHER FINLAYSON ... indeed, because, as the Justice and Electoral Committee’s commentary on the bill states, it builds on the work of the Law Commission over a lengthy period of time, and, more recently, on the work of the Ministry of Justice. It deals with extremely ...

Hon CLAYTON COSGROVE ... on the select committee—for the way in which they expedited this non-partisan legislation, as facilitated by the Law Commission. It is a fact that the legislation makes radical change and improves our property laws. It is significant legislation,...

Hon CHRIS CARTER ... and agreements for sale and purchase. The bill also makes a number of quite important changes to the law. The Law Commission recommended new property law legislation in its 1994 report after completing a major review. The bill is based on that ...

CHRISTOPHER FINLAYSON As the Minister of Conservation said, the Property Law Bill is based on work undertaken by the Law Commission many years ago. In 1994 it published a report called A New Property Law Act, and the Property Law Bill is the fruit of ...

CHRIS AUCHINVOLE ... Peter Blanchard, as was mentioned by my colleague Mr Finlayson. Justice Peter Blanchard is a commissioner with the Law Commission. He completed his work on this bill in 1994. It is significant legislation, and it will touch many people’s lives. It ...

HONE HARAWIRA ... restates certain aspects. Yet, hello, it was hardly a great start to learn that there was no Māori involvement in the Law Commission report, and no Māori involvement in the bill drafting process. So much for the principles of participation, partnership,...

Hon CLAYTON COSGROVE ... benefit to a number of members opposite. It will also ensure that related statutes work together effectively. The Law Commission in 1994 completed a major review of the current Act and recommended a new Act to make rules more accessible and easier ...

Dr RICHARD WORTH ... issues. The work that provides the basis for this bill was done by Peter Blanchard, who was a commissioner with the Law Commission. He completed that task in 1994. It is quite shameful, actually, given the importance of this legislation, that the ...

PITA PARAONE ... that it has been some 50-odd years since the whole issue of property law has been addressed. On the suggestion of the Law Commission—albeit some time ago, back in 1994—this bill is a product of that concern. As I said, the principal Act has been in ...

NANDOR TANCZOS ... that it sets out to replace the 1952 Act. That replacement was proposed, as has been stated by other speakers, by the Law Commission in its report A New Property Law Act, and I understand that the bill largely follows the proposals set out in that ...

TARIANA TURIA ... revising, reforming, and codifying particular aspects of the law relating to real and personal property. The Law Commission’s report A New Property Law Act suggested that the 1952 Act was largely a compilation of many outdated and ...

Hon MARK BURTON ... are a mere blinking of the eye in comparison with the time of this project since its origins back in 1989 when the Law Commission was asked by the then Minister of Justice to examine the statutory and common law governing evidence and proceedings ...

CHRISTOPHER FINLAYSON ... because the contribution of people in this huge project needs to be acknowledged. I too acknowledge the work of the Law Commission. I particularly mention Judge Margaret Lee, a District Court judge who for a number of years was a law commissioner. ...

RUSSELL FAIRBROTHER ... in the law of evidence. That was the challenge we met as a subcommittee, and that challenge was clearly met by the Law Commission in its draft report. The recommendations in that draft have been carried through substantially in the Evidence Bill, ...

NANDOR TANCZOS ... that we are passing good legislation, and that is the role of good parliamentarians. I think it is a tribute to the Law Commission and the lengthy work it did on this matter that the legislation has passed through the select committee process with ...

HONE HARAWIRA ... used or badly understood by judicial officers.” These statements are very much in line with the findings of the Law Commission that a change in approach by judges and lawyers is needed to achieve the desired reforms in evidence law. Their ...

CHRISTOPHER FINLAYSON ... is to enhance access to the law of evidence. Some people said that there was no need for a bill; that the work of the Law Commission was in vain because the judges knew what the rules were and, by and large, the lawyers did; and that it could be left ...

Hon MARK BURTON ... Order Paper. I take the opportunity to echo comments made at an earlier stage. Firstly, I acknowledge the Law Commission’s good work over many years, and that of ministry officials. Most recently, and in particular, members of the Justice ...

KATE WILKINSON ... Bill—on Part 1, in particular. I was interested in the explanatory note of the bill, which stated: “In 1989 the Law Commission was given terms of reference by the Minister of Justice to make the law of evidence as clear, simple, and accessible ...

CHRISTOPHER FINLAYSON ... the select committee. Officials from the Ministry of Justice disagreed with them, and so did we. We note that the Law Commission stated in its report that the overall purpose of the hearsay provisions is to simplify and rationalise the law in ...

CHRISTOPHER FINLAYSON ... of this kind of legislation raises important questions. Given the huge amount of work that has been done by the Law Commission over the years and, more recently, the excellent work by the ministry, it is important to ensure that the new ...

Hon MARK BURTON ... undertaken by the officials. But that work did add to the decade-long, as one member referred to earlier, work of the Law Commission. It is interesting, as Chris Finlayson just noted, that Sir Geoffrey Palmer not only featured in the House’s earlier ...

TE URUROA FLAVELL ... relating to the concept of evidence into one comprehensive scheme. I acknowledged the work done by the current Law Commission and its recommendations, especially around its taking into account Te Ao Māori—the Māori dimension. We endorse ...

RUSSELL FAIRBROTHER ... from the full Supreme Court, along with submissions from the Chief High Court Judge and from the author of the Law Commission report, Justice Baragwanath, who spent time with us and urged us to adopt a less prescriptive version of the bill. We ...

Hon RICK BARKER ... amendments to the bill to enhance its operation. The bill’s proposals are generally based on the 1999 report of the Law Commission, which spent 10 years reviewing the law of evidence. The purpose of the review was to make the law of evidence as clear,...

CHRISTOPHER FINLAYSON ... periodic review, and the Minister has summarised it perfectly well. The idea is that there be a regular review by the Law Commission, with the first one to take place as soon as practicable after 1 December 2011, and then on at least one occasion ...

TE URUROA FLAVELL ... evidence, and draws them into one comprehensive scheme. I see that the bill also follows the recommendations of the Law Commission, a body that has earned considerable credibility for its ability to provide independent and systematic review, reform, ...

CHRISTOPHER FINLAYSON ... speech, I mentioned those who have contributed over the years to the reform of insolvency law. I mentioned the Law Commission and Justice Blanchard. I also mentioned Peter McKenzie, former chair of the Securities Commission and probably New ...

HONE HARAWIRA ... of the advisory bodies that provide the Government with much of its guidance. I am talking here about the Law Commission, which investigates and reports back to Parliament on how laws can be improved, including the laws and processes ...

LYNNE PILLAY ... I am really pleased that this bill clarifies those uncertainties. Again, the legislation is based on work that the Law Commission carried out, this time in 1997, in which it recommended clarifying and codifying the law in regard to homicide. The ...

Hon LIANNE DALZIEL ... This bill is, as the previous speaker said, well overdue. In fact, it was written as a result of a report of the Law Commission that dates back to 1997. I do not think Labour was in Government in 1997. The Law Commission actually noted that there ...

CHRIS AUCHINVOLE ... occurs. But this, of course, has been a general rule within law for some considerable time. It was in 1997 that the Law Commission reviewed the operation of this precedent rule handed down from judgment, as part of a wider review of succession law. ...

CHARLES CHAUVEL ... Auchinvole—so I will not repeat what has already been said. Instead, because the bill comes to the House by way of a Law Commission recommendation, I would like to take this opportunity to commend the excellent record of the Minister responsible for ...

Hon RICK BARKER I move, That the Succession (Homicide) Bill be now read a third time. The bill flows from the Law Commission’s review of the well-established principle that a killer cannot inherit from his or her victim’s estate. The rule ...

CHRISTOPHER FINLAYSON ... speech. But before I do so I will make a couple of preliminary comments about the good work undertaken by the Law Commission in the 1990s in relation to what was called the succession law project. The purpose of the project was to review and ...

CHRIS AUCHINVOLE ... that. Something that is of concern, though—and the Minister may choose to address this—is the fact that the Law Commission reported in 1997 on the law of succession, and recommended then that there should be statutory rules clarifying a ...

Hon CLAYTON COSGROVE ... I start by addressing the question posed by Mr Auchinvole. The simple answer is this. The member is right that the Law Commission reported in 1997. The Government of the day, I recall, was a National Government, and I would simply answer that ...

KATE WILKINSON ... to the first reading of the bill I drew the attention of the House to a couple of instances referred to in the Law Commission report whereby there was a delay of some 4 years between a killing and the courts giving judgment. During those 4 ...

CHRIS AUCHINVOLE ...m’s death, whether the benefit is from the victim’s estate or from other property arrangements. This bill follows the Law Commission’s report in 1997 on succession. Again, I call on the Minister in the chair, the Hon Clayton Cosgrove, to explain why ...

Hon RUTH DYSON ... move, That the Succession (Homicide) Bill be now read a second time. The Succession (Homicide) Bill arose from a 1997 Law Commission report on the judge-made rule that a killer cannot inherit from his or her victim’s estate. That report was part of ...

CHRISTOPHER FINLAYSON ... (Homicide) Bill is the second of the trilogy of bills that we are dealing with this afternoon that arises out of a Law Commission report—in this case, the report Succession Law: Homicidal Heirs, dated 15 July 1997. If one reads the introduction to ...

LYNNE PILLAY ... This will reduce the number and scope of disputes over the victim’s estate. The background comes, again, from a Law Commission report, which was carried out in 1997. Again I thank the Law Commission for ploughing through case law and coming out ...

KATE WILKINSON ... In speaking to the first reading, I also drew the attention of the House to two instances referred to in the Law Commission report where there was a delay of some 4 years between a killing and the court actually giving a judgment. During ...

HONE HARAWIRA ... during the Committee stage to see how much consultation there was with tangata whenua over this bill. I know that the Law Commission was consulted, and in preparing the original report in draft legislation it consulted with the Public Trust, academics,...

CHARLES CHAUVEL This Succession (Homicide) Bill is another bill that had its genesis in a Law Commission report and is now being enacted into the laws of New Zealand. The report, Succession Law: Homicidal Heirs, was report ...

NANDOR TANCZOS ... primarily that. I want to take a moment to acknowledge, as previous speakers have done, the excellent work of the Law Commission in one of its reports. I have to say that one of the criticisms of successive Governments is that the enormous amount ...

R DOUG WOOLERTON ... already in a situation of guilt, shall we say. So although I applaud the architects of this bill, and I applaud the Law Commission that brought it about, I agree with Nandor Tanczos when he said that in the past not enough consideration has been ...

CHRIS AUCHINVOLE ... stuff. But Parliament has to face these issues; indeed, I would like to add my voice to those who have commended the Law Commission for bringing this one forward. The question, of course, is why it has taken so long to reach this point. When we ...

Hon CLAYTON COSGROVE ... activity. That concern is reflected in the general rule that killers cannot benefit from their victim’s estate. The Law Commission reviewed the operation of this judge-made rule in 1997 as part of a wider review of succession law. It recommended ...

CHARLES CHAUVEL ... over victims’ estates, and that principle deserves support. I just want to add one other matter. I attended the Law Commission’s 20th anniversary seminar on 25 August. One of the matters raised there was the need for the Law Commission’s ...

KATE WILKINSON ... it should be properly scrutinised by the select committee—it is interesting to delve back into history and into the Law Commission report issued in 1997. It is now 9 years after that report, and it recommended back then that our homicidal heirs laws ...

RON MARK ... raised by previous speakers, we wish to point out a couple of things. We point out that report No. 38 from the Law Commission, Succession Law: Homicidal Heirs, was produced in 1997. I have just sat and listened to a speech that said we need to ...

NANDOR TANCZOS ... there is much less on the legislative agenda and therefore the House has the opportunity to go back through these Law Commission reports. The commission does an enormous amount of good work in making all these recommendations, and they are often ...

Hon DAVID PARKER ... to the existing Arbitration Act. The Act itself was a consequence of the review of the law in this area made by the Law Commission, and this amendment bill, which came to the attention of the House some 10 or 11 years after the original 1996 ...

CHRIS AUCHINVOLE ... Minister responsible for the bill, the Hon Clayton Cosgrove, explained that the bill is the result of a review by the Law Commission of the Arbitration Act 1996 in conjunction with two other bills under review, the Wills Bill and the Succession (Homicid...

RUSSELL FAIRBROTHER ... absolute parameters on what can be done. This is an important bill. It is a bill that reflects the thoughts of the Law Commission 4 years ago, and it certainly carries through into statute what is a desirable practice in the civil litigation ...

Hon CLAYTON COSGROVE ... to keep it in line with international best practice. The bill is the result of a review of the Arbitration Act by the Law Commission. The Law Commission concluded that although the Act was working well, a number of minor changes could be made to ...

CHRISTOPHER FINLAYSON ... the third reading of the Arbitration Amendment Bill. I join with the Associate Minister of Justice in thanking the Law Commission for the good work it has done. The Minister is quite right when he says that the Arbitration Act 1996 has worked ...

Hon GEORGINA TE HEUHEU ... the third reading of the Arbitration Amendment Bill. It implements the principal recommendations of the New Zealand Law Commission contained in a report in 2003, which proposed changes to improve the Arbitration Act 1996. As my colleague Chris ...

CHARLES CHAUVEL ... clause 8(1), which amends schedule 1. As is apparent from the report of the Justice and Electoral Committee, the Law Commission recommended an amendment to schedule 1, to the effect that when a party wishes to seek the court’s assistance—for ...

Hon GEORGINA TE HEUHEU ... of the Arbitration Amendment Bill. Of course, these provisions arise from recommendations of the New Zealand Law Commission in 2003. I have already covered the underlying themes, and these themes continue those of the Arbitration Act. I will ...

CHRISTOPHER FINLAYSON ... to the court for orders that certain material be released, for example from a valuation arbitration. That is why the Law Commission over a number of years produced a couple of reports dealing with this vexed issue, and why this bill endeavours to ...

CHRISTOPHER FINLAYSON ... really quite unsatisfactory. Although it is not a major matter, maybe it is something that could be referred to the Law Commission. The next time it opines on further improvements to the Arbitration Act, which, of course it will with the passage of ...

Hon GEORGINA TE HEUHEU ... it has taken sometimes up to 7 years to introduce and pass legislation, this has a somewhat shorter time span. The Law Commission’s report on which the legislation is based is from 2003, so 4 years on we have finally got it into place here. Again, ...

NICKY WAGNER ... also appreciate the confidentiality of the process. The amendments in this bill are based on the New Zealand Law Commission’s 2003 report Improving the Arbitration Act 1996 . Although the report concluded that the Act was generally working ...

Hon JUDITH TIZARD ... alternative means of dispute resolution. The Arbitration Amendment Bill is the first of four bills giving effect to Law Commission reports that the Associate Minister of Justice is responsible for. The Wills Bill and the Succession (Homicide) Bill ...

CHRISTOPHER FINLAYSON ... Tizard, speaking on behalf of the Associate Minister of Justice, said, three reports that were commissioned by the Law Commission have resulted in technical legislation. The first of these is the Arbitration Amendment Bill, the second reading of ...

LYNNE PILLAY ...ts’ disputes, and such things as sharemilking agreements. In terms of the bill, as Mr Finlayson has acknowledged, the Law Commission reviewed the 1996 Arbitration Act in 2003 and presented a report. Although acknowledging that the Act was working very ...

HONE HARAWIRA ... utilisation of tikanga Māori in dispute resolution. This revised bill does much to enact the recommendations of the Law Commission’s 2003 report Improving the Arbitration Act 1996, and on that basis the Māori Party is happy to support this bill at ...

CHARLES CHAUVEL ... the legislation has proceeded. The facts of the matter as to the timing of the legislation are as follows. The Law Commission report—report No. 83, Improving the Arbitration Act 1996—was published in 2003. The Law Commission then provided draft ...

NICKY WAGNER ... a particularly useful alternative. The amendments in this bill are based on the recommendations of the New Zealand Law Commission of 2003. The key area I would like to look at is the concerns with consumer arbitration. Specific provisions apply ...

Hon CLAYTON COSGROVE ... referred to the Justice and Electoral Committee for consideration. This bill is the result of a review—again, by the Law Commission—of the Arbitration Act 1996. I thank the Law Commission for its hard work and effort in reviewing this important ...

CHRISTOPHER FINLAYSON ... Trade Law. As both the Minister and Dr Worth observed, the Act appears to be working very well. In 2003 the Law Commission published a report entitled Improving the Arbitration Act 1996. One key issue that report dealt with was the issue of ...

CHARLES CHAUVEL ... community—a trend that ought to continue, and is continuing in other areas. As we have heard, in 2003 the Law Commission reviewed the Act and, as I said in respect of a previous bill, a very positive feature of this legislation and two ...

NICKY WAGNER ... of dispute resolution. The bill’s amendments to the Act are based on the recommendations made by the New Zealand Law Commission’s report of 2003. Although in that report the Law Commission concluded that the 1996 Act was generally working well, ...

LYNNE PILLAY ... to the third reading of the Wills Bill, which has enjoyed the support of the House. I acknowledge the work that the Law Commission and Sir Geoffrey Palmer did—the sterling work they did in reviewing the wills legislation. Some of the statutes ...

Hon LIANNE DALZIEL ... has gone. Accessible and well-functioning wills legislation is therefore of vital importance to society. When the Law Commission reviewed the existing legislation in 1997, it concluded that the current law generally worked well and there was no ...

CHRISTOPHER FINLAYSON ... words about the work of the Justice and Electoral Committee. I endorse what she said about the good work of the Law Commission, and I would also mention the Ministry of Justice officials who, I think, made a great contribution to the work of the ...

Dr WAYNE MAPP ... the House is faced with these days, and given that so much of the work of the House seems merely to be implementing Law Commission reports—which, of course, is why National is tending to vote for such measures—this kind of legislation is non-contentio...

CHRISTOPHER FINLAYSON ... be done with our property after death. That is why we need clear legislation in this area, above all. I think the Law Commission is to be commended, because by and large it has done a very good job in this area. It came up with some good reports ...

Dr RICHARD WORTH ... reviving wills”. This particular subpart, which deals with formal issues, was the subject of detailed comment by the Law Commission. It is the Law Commission’s report of October 1997 that finds expression in this legislation that is currently before ...

Hon LIANNE DALZIEL I move, That the Wills Bill be now read a second time. The Law Commission reviewed the existing wills legislation in 1997 as part of a wider review of succession law. The commission concluded ...

CHRISTOPHER FINLAYSON ... has been hanging around for an eternity. As I said a few minutes ago, this bill was based on report No. 41 of the Law Commission, which was published in about July 1997. So it has had a 10-year gestation period. The Minister rightly addressed ...

CHARLES CHAUVEL ... that, in my view, is an incredibly appropriate thing and a useful accident of timing. As has been said, in 1997 the Law Commission reviewed wills legislation as part of a wider project. It recommended the restating and modernising of the law into a ...

Dr PITA SHARPLES ... update, or revoke their will. The need for a revamp of current legislation governing wills was recommended in the Law Commission’s 1997 publication Succession Law: A Succession (Wills) Act. As we understand it the interest was a practical one, ...

Hon CLAYTON COSGROVE ... Zealanders. It is important to anyone who wants to make arrangements for family and property when he or she dies. The Law Commission reviewed the current legislation in 1997 as part of a wider review of succession law. The commission concluded that ...

Dr RICHARD WORTH ... changes in that area and tried to align the rules governing realty with those of personalty. I believe that the Law Commission was right in its view that there was no need to radically change the substantive law. This bill is very closely ...

LYNNE PILLAY ... existing law into a single statute, in plain, modern language that is both clear and accessible. I know that the Law Commission has been acknowledged but I want to do that again. The background is that in 1997 the Law Commission reviewed the ...

CHRISTOPHER FINLAYSON ... National supports the first reading. The bill, in my opinion, is well overdue; after all, as Ms Pillay said, the Law Commission presented its report on 23 October 1997. It was a very good report. It reviewed the current legislation as part of its ...

NANDOR TANCZOS ... rules currently work and how they should best be enacted in the 21st century. Certainly the recommendation of the Law Commission that there was a need to restate the law in plain language in a single statute is worth heeding. I note that there is ...

Dr PITA SHARPLES ... It provides an excellent precedent in which to understand the reform of the Wills Act 1837. According to the Law Commission’s 1997 report, the two key principles governing the law of wills are that a will-maker’s intentions should be upheld, ...

CHRISTOPHER FINLAYSON ... has been a lot of talk over the years about vague references to these principles of the Treaty. Indeed, when the Law Commission made a submission to the Health Committee on the New Zealand Public Health and Disability Bill in about 2000, it urged ...

CHRISTOPHER FINLAYSON ... of principles of the Treaty of Waitangi, but guidance can be obtained from some judgments, and I also refer to the Law Commission’s study paper, Māori Custom and Values in New Zealand Law, where there is a very interesting and useful discussion ...

MARTIN GALLAGHER ... judicial system. In terms of some of the very interesting and very good observations that Dr Worth was making on the Law Commission’s recommendations, I believe that we move away from and give away the role of the JP at our peril in terms of the ...

Dr RICHARD WORTH ... Committee heard some arguments to the effect that there was no evidence of rogue juror problems in New Zealand. The Law Commission took a quite contrary view in that regard and said that there was. It is difficult to identify the incidence of rogue ...

Hon RICK BARKER ... without a jury, where the trial is likely to be long and complex or where there is evidence of jury intimidation. The Law Commission’s report on juries concluded that juries had difficulties in coping with long and complex trials, that it is difficult ...

MARTIN GALLAGHER ... law of double jeopardy. The context of the bill is basically the implementation of the recommendations made by the Law Commission, and it is certainly hoped that those reforms will improve public confidence in the criminal justice system by making ...

Dr PITA SHARPLES ... a more limited number of jurors in supporting a verdict. The notion of a unanimous verdict is an important one. The Law Commission reminds us that the value of a unanimous verdict is that it increases community confidence in the verdict and in the ...

KATE WILKINSON ... evidence, noting there was no principled basis for allowing such retrials. The Attorney-General also opposed it. The Law Commission also opposed it. National supports, as stated in its minority view, the proposal of the Law Society and others that ...

Hon RICK BARKER ... making, and to take better account of the diverse social, cultural, and spiritual needs of families. When the Law Commission reviewed the coronial system, it received many submissions saying that despite the high ability and sensitivity of ...

CHRISTOPHER FINLAYSON On 25 July 2000, Justice Baragwanath, the President of the Law Commission, submitted the report on coroners to the then Minister of Justice, Mr Goff, and it has taken some 6 years to have the ...

Dr PITA SHARPLES ... needs. There are, however, other provisions within the bill that do take into account the recommendation of the Law Commission’s coroners report of 2000. That report identified that the current system did not adequately take account of Māori ...

CHRISTOPHER FINLAYSON ... provided advice to the Coroners Council that was tabled at the Justice and Electoral Committee. We referred to the Law Commission’s very recent report on access to court records, which addressed the fundamental question of judicial independence as ...

CHRISTOPHER FINLAYSON ... and the potential for the undermining of those conventions. Interestingly, today all members had the latest Law Commission report, on access to court records, made available to them. It was reported to the Minister of Justice on 30 June this ...

KATE WILKINSON ... Minister the Hon Geoffrey Palmer, later Prime Minister, now Sir Geoffrey Palmer, and shortly to be President of the Law Commission. I was going to become a lawyer, like the other 58 coroners with law degrees who are my fellow coroners, but in those ...

ANNE TOLLEY ... want to talk about the East Coast. I was not on the Justice and Electoral Committee but I understand that the Law Commission began this process with a review, and that it specifically mentioned areas like the East Coast and the West Coast, to ...

CHRISTOPHER FINLAYSON ... I want to acknowledge the huge contribution to law reform in this area by Denese Hēnare, when she was a member of the Law Commission. For those who do not know her, Denese Hēnare is an extremely distinguished Auckland lawyer who made a huge ...

LYNNE PILLAY ... fact, most—went far beyond the call of duty in their commitment to providing a good service. I also acknowledge the Law Commission. It spent a lot of time on this bill, which replaces the Coroners Act 1988. The Law Commission worked very hard on ...

Dr RICHARD WORTH ... of cultural and spiritual values in the coronial process, was a major impetus in the reforms proposed by the Law Commission. The issues raised by the Law Commission, unsurprisingly, occur in a range of cultures and religions. Those of us from ...

LYNNE PILLAY ... of coroners’ investigations and decision making, thus taking better account of the diverse needs of families. The Law Commission became aware of concerns about coronial practice while consulting with Māori for its review of succession law, and it ...

STEVE CHADWICK ... thank our Ministers of this Government who picked that up and turned it into a Government bill, following on from the Law Commission report. This is a wonderful bill. It is needed. It is desperately needed by coroners around the country. They have ...

HONE HARAWIRA ... issue that we felt was missed out of the bill and was missed by the select committee, and we raise it here. The Law Commission proposed a dual response to intimate covert filming. It proposed that legislation should, firstly, criminalise the ...

Hon MARK BURTON ... within the reach of censorship law. Therefore the Government referred the issue of intimate covert filming to the Law Commission. In its 2004 study paper Intimate Covert Filming, the Law Commission proposed a dual response to intimate covert ...

SANDRA GOUDIE ... voyeurism is an offence in itself, such activity has the potential to lead to much more serious offending. The Law Commission quite rightly recommended that the courts have the power to order that anyone apprehended and convicted for ...

CHRISTOPHER FINLAYSON ... but I think the time is coming when a leave provision needs to introduced. I also think the time is coming when the Law Commission’s report has to be dusted off. We need to consider whether appeals from District Court jury trials should go to the ...

Dr WAYNE MAPP ... For instance, the overall structure of the Court of Appeal could have been looked at. It has been analysed by the Law Commission, which has done a report on it. The work of the commission could have been taken into account, and some coherence ...

Dr WAYNE MAPP ... is a very big project, and I suspect that it would take some significant time, after proper consultation with the Law Commission and the Ministry of Justice. But a more narrowly focused project would concern the appellate courts themselves. ...

Hon JIM SUTTON ... Chamber to be flexible that this is proceeding with general agreement. Chris Finlayson expressed support for the Law Commission recommendation that first appeals from District Court jury trials be made to the High Court instead of directly to the ...

RUSSELL FAIRBROTHER ... not be held against him—and a Harkness Fellow in 1972-73. He has been a judge of the High Court and president of the Law Commission. He could not be a Queen’s Counsel because he did not follow the independent Bar. So it is absolute vanity without ...

Hon LIANNE DALZIEL ... the Ministry of Justice, the Department of Corrections, the New Zealand Police, the Ministry of Education, and the Law Commission. What those indicated to me was a widespread understanding within the Government sector of the barriers faced by deaf ...

Dr RICHARD WORTH ... in connection with criminal proceedings. What perhaps many of us have not sufficiently thought about, and the Law Commission has brought this to our attention, is that deaf people are disproportionately represented in the criminal statistics. ...

KATE WILKINSON ... remains—it is not just in relation to wages but also to GST and withholding taxes. It is interesting to note that the Law Commission report itself recommended abolition of this priority, yet for some reason the bill retains it. If we look at some of ...

CHRISTOPHER FINLAYSON ... bill, the issue of the Inland Revenue Department priority will need to be addressed. I went back and looked at the Law Commission’s 1999 paper, which dealt with some of these issues. In particular, the 1999 report dealt with priority debts in the ...

CHRISTOPHER FINLAYSON ... meaningful and timely law reform. Some years ago former Prime Minister Sir Geoffrey Palmer was asked to evaluate the Law Commission. His report was released in April 2000, and I refer to the following extract: “A fundamental change of attitude to law ...