Welcome

Tēnā koe, welcome to this mid-winter edition of Te Aka Kōrero. We hope you’re keeping warm and dry (especially if, like us, you’re in Windy Wellington).

The Commissioners and staff of Te Aka Matua o te Ture | Law Commission have quite a bit to update you on, including two new publications.

Highlights

Issues Paper in Ia Tangata review published

In June, we published an Issues Paper in our review of protections in the Human Rights Act 1993 for people who are transgender, people who are non-binary and people who have an innate variation of sex characteristics.

Visit the project website to make an online submission. Submissions are due by 5 September 2024.

Preferred Approach Paper in review of preventive detention and post-sentence orders published 

In July, we published our Preferred Approach Paper Here ora? Preventive measures for community safety, rehabilitation and reintegration. In this Paper, we propose reforms to the laws that keep the community safe from people at high risk of serious sexual and violent reoffending.

We invite submissions on our proposals for reform. We will use the feedback we receive to inform the final recommendations we will make to Government.

Visit the project website to find out how to make a submission. Submissions are due by 20 September 2024. 

Statement of Performance Expectations published

We recently presented our annual Statement of Performance Expectations 2024–2025 to the Minister of Justice, Hon Paul Goldsmith (who is the Minister responsible for the Law Commission). In that statement we describe what we plan to deliver during this financial year and provide prospective financial information relevant to our operations.

As always, our main output is law reform advice and recommendations. We deliver these outputs in accordance with our strategic objective, which is to help to sustain confidence that Aotearoa New Zealand’s laws support a modern democracy, an efficient economy and a just society.

In the coming year, we plan to publish final reports for three of our four current projects. We will also begin work on one new project (a review of directors’ duties and liabilities). It is also expected that we will have capacity to begin one or two new projects towards the end of the 2024-2025 year. 

Our work programme

He arotake i te ture mō ngā huarahi whakatau a ngā pakeke | Review of adult decision-making capacity law 

Between April and June, we conducted a second round of consultation following the publication of our Second Issues Paper on the law relating to adult decision-making capacity. We appreciated hearing from everyone who took the time to respond to our questions — we received 134 written submissions. During the consultation period, we also held 11 consultation hui with interested groups. 

With the submission period now closed, we are analysing the feedback we have received and are in the early stages of preparing our final report. Sign up for updates

Hara Ngākau Kino | Hate crime 

Recently, Minister Goldsmith has requested that our review of hate crime focus on whether the law should be changed to create standalone hate crime offences as recommended by the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain.

Initial preparation and planning is underway to complete this work.  Sign up for updates

Directors’ duties and liabilities under the Companies Act 1993 

Minister Goldsmith has asked the Commission to undertake a review of directors’ duties and liabilities. The Commission will begin this project in the first half of 2025.

Haere rā, e ngā kaimahi ture! 

Some of our treasured law clerks have recently completed their studies (mīharo!) and are taking their next career steps. 

We are grateful for all their excellent mahi here at Te Aka Matua o te Ture and wish them much joy and success for the next stage of their careers. We know that they will make a big impact in whatever they choose to do next.