Most of our reports are implemented either in whole or substantial part. The table below shows some of the Bills, Acts, and other measures that have implemented our recommendations.
We actively monitor the implementation of our recommendations when that occurs within 10 years of the relevant report being presented to Parliament.
The government department responsible for the area of law is the best source of information about progress on the implementation of the recommendations in our reports. See the Directory of Official Information to request information from another agency.
|
Report number and year |
Report title |
Implementing measures |
|---|---|---|
|
NZLC R147 (2022) |
Ko ngā Hunga Take Whaipānga me ngā Pūtea Tautiringa | Class Actions and Litigation Funding |
The Government has said that it is supportive of the recommendations in principle, and it intends to begin policy work to advance them in 2023. It said due to the technical nature of the issues and the need for legislative reform to give effect to the recommendations, advancing the reforms will take some time and will need to be balanced against other Government priorities. |
|
NZLC R146 (2022) |
On 30 May 2023 the Government announced that it is adopting Labour MP Tāmati Coffey’s Member’s Bill on surrogacy as a Government Bill. The Bill is currently before the Health Select Committee, and the Government will support the Committee to consider how the Bill could be amended to incorporate the Commission’s recommendations. |
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|
NZLC R145 (2021) |
The Government has said that it will need to take the time to work through the policy detail of implementing many of the Commission’s comprehensive recommendations. |
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NZLC R144 (2020) |
The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara |
The Government accepted the overall findings of the report and the conclusions that the Criminal Investigations (Bodily Samples) Act 1995 is no longer fit for purpose and the regime lacks adequate independent oversight and governance structures. The Government also accepted the recommendation for a new Act for the DNA regime and the recommendation to establish an independent oversight body. The Government has indicated it will assess the scope and scale of work required and consider when it could be progressed. |
|
NZLC R143 (2019) |
Review of the Property (Relationships) Act 1976 – Te Arotake i te Property (Relationships) Act 1976 |
The recommendation for the Commission to review succession law was implemented. The Government’s response in relation to the remaining recommendations was to consider these concurrently with consideration of the succession law review. The Government has since said that it will need to take the time to work through the policy detail of implementing many of the Commission’s comprehensive recommendations on both relationship property and succession law. |
|
NZLC R142 (2019) |
The Second Review of the Evidence Act 2006 – Te Arotake Tuarua i te Evidence Act 2006 |
Some of the recommendations were enacted in the Sexual Violence Legislation Act 2021. The Commission’s recommendation to repeal section 202 of the Evidence Act (the requirement for the Commission to undertaken 5-yearly reviews of the Act) was enacted in the Statutes Amendment Act 2022. The other recommendations in the report are subject to further consideration and work by the Ministry of Justice. |
|
NZLC R141 (2018) |
Review of the Search and Surveillance Act 2012 Ko te Arotake i te Search and Surveillance Act 2012 |
One recommendation has been implemented to date (recommendation 53, preservation order regime, relating to the Cabinet decision to accede to the Budapest Convention). Further implementation work is underway by the Ministry of Justice. |
|
NZLC R140 (2017) |
Most of the report’s recommendations were implemented in the Contempt of Court Act 2019. |
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NZLC R139 (2016) |
Understanding Family Violence: Reforming the Criminal Law relating to Homicide |
No formal Government response has been made. |
|
NZLC R138 (2016) |
Most of the report’s key recommendations were either included in the Family Violence Act 2018 (recommendations 1-3) or were accepted as administrative practices to be adopted (recommendations 5-7). Recommendation 4 – that strangulation should be considered an aggravating factor in sentencing – was recommended in the Cabinet paper but was not accepted by Cabinet, which considered the new offence was sufficient when combined with the guidance in the Sentencing Act and precedent decisions. |
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|
NZLC R137 (2016) |
Modernising New Zealand’s Extradition and Mutual Assistance Laws |
The Government accepted the recommendations to consider enactment of the Extradition Bill and the Mutual Assistance in Criminal Matters and for the Recovery of Criminal Proceeds Bill attached to the Commission’s report but required further work to be undertaken to finalise the detail of the proposed new legislation. |
|
NZLC R136 (2015) |
The Justice Response to Victims of Sexual Violence: Criminal Trials and Alternative Processes |
Some operational recommendations have been implemented, such as a sexual violence pilot court being trialled, information being produced for victims to assist in navigating the court process and courts working on separate court entrances/facilities for victims. The recommendations for legislative amendments were substantially implemented by the Sexual Violence Legislation Act 2021, which largely covers recommendations in Part B of the report. Parts C and D of the report have not been implemented. These recommended an alternative out of court process for sexual violence cases and the establishment of a sexual violence commission, respectively. The former is an ongoing work programme, but decisions to implement have not been made. The latter has received no response to date. |
|
NZLC R135 (2015) |
A key proposal in Part 1 of the report was agreed with (exclusion against bringing in rem proceedings against the Crown should be retained) but the others were rejected or are under further consideration. Most of the recommendations from the Part 2 of the report were implemented in the Security Information in Proceedings (Repeals and Amendments) Act 2022 and the Security Information in Proceedings Act 2022. |
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|
NZLC R134 (2015) |
Death, Burial and Cremation: A new law for contemporary New Zealand |
The Government agreed with several of the Commission's recommendations but identified the need for further policy work on other recommendations. Three recommendations were implemented through the Births, Deaths, Marriages, and Relationships Registration Act 2021. Other ongoing implementation work is being led by the Ministry of Health. |
|
NZLC R133 (2014) |
The Government’s response to each of the recommendations was either to accept the recommendation or accept it in principle subject to further work by government agencies. Most recommendations did not require a legislative response. |
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|
NZLC R132 (2014) |
The key recommendation that joint and several liability should remain applicable was accepted. As this was acceptance of the status quo it did not require any legislative implementation. The Government requested the Ministry of Business, innovation and Employment and the Ministry of Justice to undertake further work on assessing the other recommendations. |
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NZLC R131 (2014) |
Most of the report’s legislative reforms were implemented through changes incorporated into the Coroners Act 2006. |
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NZLC R130 (2013) |
Most of the report’s recommendations were enacted in the Trusts Act 2019. |
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NZLC R129 (2013) |
The overall scheme recommended in the report was picked up in the Incorporated Societies Act 2022, including nearly all of the report’s recommendations. |
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NZLC R128 (2013) |
The News Media Meets ‘New Media’: Rights, Responsibilities and Regulation in the Digital Age |
A Ministerial briefing is in an Appendix to the report. It was added to the work programme after the Issues Paper stage and was requested to be fast-tracked by the then Government. The briefing’s recommendations were substantially implemented in the Harmful Digital Communications Act 2015. Four recommendations in the briefing relating to schools and the Ministry of Education taking up anti-bullying prevention were in part addressed in the cross-sector Bullying Prevention Advisory Group (BPAG) set up in 2014. The Government did not implement recommendations in the final report related to defining “news media” and establishing an independent news media standards authority. |
|
NZLC R127 (2013) |
The Government accepted all the Commission’s recommendations, with modifications to two. The Evidence Amendment Act 2016 implemented these. |
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NZLC R126 (2012) |
The Judicature Modernisation Bill implemented most of the recommendations in the report. It was divided into separate legislation at the Committee of the Whole House stage and resulted in the passing of the Senior Courts Act 2016, the District Court Act 2016, several new pieces of legislation, including the Judicial Review Procedure Act 2016 and Interest on Money Claims Act 2016, and amendments to other legislation. |
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|
NZLC R125 (2012) |
The Public's Right to Know: Review of the Official Information Legislation |
The Government did not accept most of the report’s recommendations. It did agree in principle to some of the recommendations (for instance, extending the Official Information Act to the administrative functions of the Court, adding withholding grounds on the basis of material prejudice to financial positions, for the Ombudsman to improve guidance and make case notes available – the latter has been implemented) and some recommendations have in practice been actioned (for instance, the proactive release of information as part of a commitment to open government). |
|
NZLC R124 (2012) |
Consumers and Repossession: A Review of the Credit (Repossession) Act 1997 |
The overall scheme proposed by the Commission was implemented as part of amendments to the Credit Contracts and Consumer Finance Act 2003, regulations made under the Act and in the development of the Responsible Lending Code. |
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NZLC R123 (2011) |
Review of the Privacy Act 1993: Review of the Law of Privacy Stage 4 |
As recommended by the Commission, a new Privacy Act was enacted. The Privacy Act 2020 incorporates many of the Commission’s recommendations. The purpose section of the Act is broadly consistent with the recommendations except that there is no express purpose to provide remedies for interference with privacy of personal information. One of the Commission’s most significant recommendations, the Privacy Commission’s ability to issue compliance notices is now contained in the new Act. Additionally, the Privacy Commissioner now has powers to direct an agency to provide an individual with their private information (previously this had to be negotiated or determined by the Tribunal). Other key recommendations adopted include the enhanced powers for sharing information with overseas privacy enforcement agencies, the introduction of two new offences relating to impersonation and evading requests for information by destroying documents. However, several other significant recommendations were not included, particularly around enforcement and remedies. |
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NZLC R122 (2011) |
NZLC R122 Controlling and Regulating Drugs – A Review of the Misuse of Drugs Act |
Two recommendations were implemented through the Psychoactive Substances Act 2013 and the development of a drug court pilot. |
|
NZLC R121 (2010) |
The Government did not accept the recommendations to amend the Criminal Proceeds (Recovery) Act 2009 to provide a restraining order regime nor the recommendation to reprioritise payment of reparation ahead of legal aid repayments. However, it also appears that the Government had already implemented changes that had been canvassed in the Issues Paper in relation to victims’ rights and the role played by victims in the criminal justice system following a report of the Justice and Electoral Committee. The report noted that, as these developments addressed many of the broader concerns about the position of victims raised by submissions on our Issues Paper, we confined the report the other issues raised by our terms of reference. The Government did not accept that further changes needed to be made in this area. |
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|
NZLC R120 (2010) |
The Government agreed with the Commission’s key recommendation that changes should not be made to the defence of insanity. The Government also agreed there are issues with Ministerial decision-making under the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CP(MIP)) and the recommendation instead for an independent tribunal has merit, as do the other recommendations for reform to the CP(MIP) Act and other legislation. Some implementation work continues. |
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NZLC R119 (2010) |
Review of the Civil List Act 1979 – Members of Parliament and Ministers |
The Members of Parliament (Remuneration and Services) Act 2013 implemented some of the report’s key recommendations. |
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NZLC R118 (2010) |
Most of the report’s recommendations were implemented in full, and one was accepted in part, in the Substance Addiction (Compulsory Assessment and Treatment) Act 2017. |
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NZLC R117 (2010) |
Annual Report |
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NZLC R116 (2010) |
Most of the recommendations and the tenor of the regime recommended in the report were implemented in the Land Transfer Act 2017. |
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NZLC R115 (2010) |
A New Support Scheme for Veterans: A Report on the Review of the War Pensions Act 1954 |
Recommendations were implemented in the Veterans’ Support Act 2014. |
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NZLC R114 (2010) |
Recommendations in R106 and R114 were implemented in the Local Government (Alcohol Reform) Amendment Act 2012, the Sale and Supply of Alcohol Act 2012 and the Summary Offences (Alcohol Reform) Amendment Act 2012. See also R106. |
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NZLC R113 (2010) |
Invasion of Privacy: Penalties and Remedies: Review of the Law of Privacy: Stage 3 |
See R123. |
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NZLC R112 (2009) |
Recommendations were implemented in the Governor-General Act 2010. |
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NZLC R111 (2009) |
Review of Part 8 of The Crimes Act 1961: Crimes Against the Person |
Some recommendations were implemented in the Crimes Amendment Act (No 3) 2011. |
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NZLC R110 (2009) |
Annual Report |
|
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NZLC R109 (2009) |
The Criminal Procedure (Reform and Modernisation) Bill 2010 reflected the recommendations. In its final stages in Parliament, the Bill was separated into several separate Acts, including the Criminal Procedure Act 2011, which included most of the report’s recommendations. |
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NZLC R108 (2009) |
Recommendations were implemented in the Education Amendment Act (No 3) 2010. |
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NZLC R107 (2009) |
Most of the recommendations were implemented in the Legislation Act 2012. |
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NZLC R106 (2009) |
Recommendations in R106 and R114 were implemented in the Local Government (Alcohol Reform) Amendment Act 2012, the Sale and Supply of Alcohol Act 2012 and the Summary Offences (Alcohol Reform) Amendment Act 2012. |
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NZLC R105 (2008) |
Annual Report |
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NZLC R104 (2008) |
Most of the recommendations were implemented in the Legislation Act 2012. |
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NZLC R103 (2008) |
Disclosure to Court of Defendants’ Previous Convictions, Similar Offending, and Bad Character |
The topic was included in a later review of the Evidence Act 2006. |
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NZLC R102 (2008) |
Recommendations were implemented in the Inquiries Act 2013. |
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NZLC R101 (2008) |
See R123. |
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NZLC R100 (2008) |
In response to the Commission’s recommendations, a private member's Habeas Corpus Amendment Bill was introduced in 2012 but did not progress. |
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NZLC R99 (2007) |
Annual Report |
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NZLC R98 (2007) |
Recommendations were reflected in the Crimes (Provocation Repeal) Amendment Act 2009. See also R73. |
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NZLC R97 (2007) |
See also R141. |
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NZLC R96 (2007) |
Recommendations implemented in the Crimes (Repeal of Seditious Offences) Act 2007. |
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NZLC R95 (2006) |
Annual Report |
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NZLC R94 (2007) |
Some of recommendations were included in the Criminal Justice Reform Act 2007. |
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NZLC R93 (2006) |
Recommendations were reflected in the High Court Rules. |
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NZLC R92 (2006) |
Recommendations were introduced in the Waka Umanga (Māori Corporations) Bill 2007, which was discharged in December 2009 after a change in Government. |
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NZLC R91 (2006) |
Recommendations were reflected in the Customs and Excise Amendment Act (No 3) 2008. |
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NZLC R90 (2005) |
Annual Report |
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NZLC R89 (2005) |
Recommendations were included in the Criminal Procedure Act 2011. |
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NZLC R88 (2005) |
The Commission’s reform proposals have not been advanced by successive Governments. See also R65 and R146. |
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NZLC R87 (2004) |
The Commission’s report formed part of the Ministry of Economic Development and the Reserve Bank ‘Review of Regulation of Financial Products and Providers’ 2008, and some recommendations were incorporated into the Insurance (Prudential Supervision) Act 2010. |
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NZLC R86 (2004) |
Annual Report |
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NZLC R85 (2004) |
The Commission’s recommendations for structural changes were rejected. However, see also R126. |
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NZLC R84 (2003) |
Annual Report |
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NZLC R83 (2003) |
Recommendations were reflected in the Arbitration Amendment Act 2007. |
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NZLC R82 (2003) |
A number of recommendations were reflected in the Family Courts Matters Bill 2007, however, the issue was overtaken by the Family Court Proceeding Reform Bill 2013. |
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NZLC R81 (2002) |
Annual Report |
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NZLC R80 (2002) |
The recommendations were not advanced by successive Governments and the issue was overtaken by Protection of Personal and Property Rights Amendment Act 2007. |
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NZLC R79 (2002) |
The Trustee Amendment Bill 2007 was introduced but was eventually discharged. |
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NZLC R78 (2002) |
No Government action was expected, however, recommendations were made to the High Court Rules Committee. |
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NZLC R77 (2002) |
The Commission’s reform proposals have not been advanced by successive Governments. |
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NZLC R76 (2001) |
Recommendations were incorporated in the Sentencing Act 2002. |
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NZLC R75 (2001) |
Annual Report |
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NZLC R74 (2001) |
Recommendations were reflected in the Companies (Minority Buy-out Rights) Amendment Act 2008. |
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NZLC R73 (2001) |
Some Criminal Defences with Particular Reference to Battered Defendants |
See also R98 and the Crimes (Provocation Repeal) Amendment Act 2009. |
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NZLC R72 (2001) |
Recommendation for a conditional fee regime was included in the Lawyers & Conveyancers Act 2006. |
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NZLC R71 (2001) |
Recommendations were implemented by the Protection of Personal and Property Rights Amendment Act 2007. |
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NZLC R70 (2001) |
Recommendations were reflected in amendments contained in the Criminal Procedure Bill 2004 – assent given June 2008, split between several statutes. |
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NZLC R69 (2001) |
Juries in Criminal Trials |
Recommendations were reflected in amendments contained in the Criminal Procedure Bill 2004 – assent given June 2008, split between several statutes. |
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NZLC R68 (2000) |
New Zealand is now a member of the Hague Conference on Private International Law, mitigating some of these issues. |
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NZLC R67 (2000) |
Some of the Commission’s recommendations were reflected in the Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005, which extended a non-disclosure right to tax advisors. |
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NZLC R66 (2000) |
Recommendations were reflected in amendments contained in the Criminal Procedure Bill 2004 – assent given June 2008, split between several statutes. |
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NZLC R65 (2000) |
Adoption and Its Alternatives: A Different Approach and a New Framework |
In response to the Commission’s report, policy proposals were developed but the proposals were not advanced by successive governments. The Ministry of Justice began a review of adoption law in 2021. |
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NZLC R64 (2000) |
The Court of Appeal held that section 19 of the Defamation Act 1992 adequately balances protection of reputation versus freedom of speech. The Commission’s procedural recommendations were considered in the Evidence Act 2006. |
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NZLC R63 (2000) |
Annual Report |
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NZLC R62 (2000) |
Recommendations were reflected in the Coroners Act 2006 |
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NZLC R61 (2000) |
A subsequent review was completed November 2008 and some recommendations were reflected in the Limitation Act 2010. |
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NZLC R60 (2000) |
In response to the Commission’s report, legislation was drafted by the Ministry of Justice in 2007-2008 but was not introduced. |
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NZLC R59 (1999) |
Recommendations relating to unit title developments were reflected in the Unit Titles Act 2010. |
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NZLC R58 (1999) |
Recommendations were reflected in the Electronic Transactions Act 2002. |
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NZLC R57 (1999) |
Recommendations were reflected in Retirement Villages Act 2003. |
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NZLC R56 (1999) |
Annual Report |
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NZLC R55 (1999) |
Recommendations were reflected in the Evidence Act 2006. |
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NZLC R54 (1999) |
Recommendations were included in the Crimes Amendment Act 2003. |
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NZLC R53 (1999) |
Intended for use as a resource – no law changes were recommended in the report. |
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NZLC R52 (1999) |
Cross Border Insolvency: Should NZ Adopt the UNCITRAL Model Law on Cross-Border Insolvency? |
Recommendations were reflected in Insolvency (Cross-border) Act 2006. |
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NZLC R51 (1998) |
Recommendations were reflected in Crimes Amendment Act 2003. |
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NZLC R50 (1998) |
Electronic Commerce Part One: A Guide for the Legal and Business Community |
Recommendations were reflected in the Electronic Transactions Act 2002. |
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NZLC R49 (1998) |
Recommendations were implemented by the adoption of cabinet policy (prerogative). |
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NZLC R48 (1998) |
Annual Report |
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NZLC R47 (1998) |
The recommendations have not been advanced by successive governments. |
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NZLC R46 (1998) |
Key recommendations were included in the Commission’s later Life Insurance report (NZLC R87) and some of the recommendations from R87 were incorporated into the Insurance (Prudential Supervision) Act 2010. |
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NZLC R45 (1997) |
Partially implemented by changes to Standing Orders (see SO 382-385). |
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NZLC R44 (1997) |
Recommendations were implemented by the Habeas Corpus Act 2001. |
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NZLC R43 (1997) |
Annual Report |
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NZLC R42 (1997) |
Largely implemented by the Evidence (Witness Anonymity) Act 1997. |
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NZLC R41 (1997) |
Recommendations were reflected in the Wills Act 2007. |
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NZLC R40 (1997) |
Some recommendations were included in the Statutes Amendment Bill (No 3) 2003 (passed Oct 2003) |
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NZLC R39 (1997) |
Some recommendations were addressed in the Property (Relationships) Amendment Act 2001. |
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NZLC R38 (1997) |
Recommendations were implemented in the Succession (Homicide) Act 2007. |
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NZLC R37 (1997) |
Crown Liability and Judicial Immunity: A response to Baigent’s case and Harvey v Derrick |
Implemented in part by section 27 Interpretation Act 1999. |
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NZLC R36 (1996) |
Annual Report |
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NZLC R35 (1996) |
Intended for use as a resource. |
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NZLC R34 (1996) |
Intended for use as a resource – no law changes were recommended in the report. |
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NZLC R33 (1995) |
Annual Report |
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NZLC R32 (1994) |
Annual Report |
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NZLC R31 (1994) |
The recommendations have not been advanced by successive governments. |
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NZLC R30 (1994) |
Some recommendations were included in the Criminal Procedure (Mentally Impaired Persons) Act 2003. |
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NZLC R29 (1994) |
Implemented in part by the Property Law Act 2007. |
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NZLC R28 (1994) |
Some recommendations were implemented in the Interest on Money Claims Act 2016. |
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NZLC R27 (1993) |
Adopted by Chief Parliamentary Counsel. |
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NZLC R26 (1993) |
Annual Report |
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NZLC R25 (1993) |
Many recommendations were included in the Statutes Amendment Bill 2001. |
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NZLC R24 (1992) |
Annual Report |
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NZLC R23 (1992) |
Recommendations were implemented by the Sale of Goods (United Nations Convention) Act 1994. |
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NZLC R22 (1991) |
Materially influenced the Biosecurity Act 1993. See also R12. |
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NZLC R21 (1991) |
Annual Report |
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NZLC R20 (1991) |
Recommendations were implemented by the Arbitration Act 1996. |
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NZLC R19 (1991) |
Aspects of damages: the Rules in Bain v Fothergill and Joyner v Weeks |
Abolition of the rule in Bain v Fothergill was implemented by the Property Law Amendment Act 1994. |
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NZLC R18 (1991) |
Aspects of Damages: Employment Contracts and the Rule in Addis v Gramophone Co |
Implemented almost in entirety by the Employment Contracts Act 1991. |
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NZLC R17 (1990) |
A New Interpretation Act: To Avoid “Prolixity and Tautology” |
Recommendations were implemented in part by the Regulations (Disallowance) Act 1989 and Acts and Regulations Publications Act 1989 and reflected in the Interpretation Act 1999. |
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NZLC R16 (1990) |
A supplement to NZLC R9. Recommendations were implemented in the Companies Act 1993, the Receiverships Act 1993 and amendments to the Property Law Act 1952 and the Companies Act 1955. |
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NZLC R15 (1990) |
Annual Report |
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NZLC R14 (1990) |
Recommendations were reflected in the amendments contained in the Criminal Procedure Bill 2004 – assent given June 2008, split between several statutes. |
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NZLC R13 (1990) |
Intended for use as a resource only – no law changes were recommended in the report. |
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NZLC R12 (1990) |
Recommendations were implemented in the Defence Act 1990. See also R22. |
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NZLC R11 (1989) |
Legislation and its Interpretation: Statutory Publications Bill |
Implemented in part by the Regulations (Disallowance) Act 1989 and Acts and Regulations Publications Act 1989. |
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NZLC R10 (1989) |
Annual Report |
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NZLC R9 (1989) |
Recommendations were implemented in the Companies Act 1993, the Receiverships Act 1993 and amendments to the Property Law Act 1952 and the Companies Act 1955. See also R16. |
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NZLC R8 (1989) |
Recommendations were implemented in the Personal Property Securities Act 1999. |
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NZLC R7 (1989) |
The Commission’s substantial recommendations were reflected in various enactments reforming courts’ jurisdiction in 1991 and 1992. |
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NZLC R6 (1988) |
Subsequent reviews were completed in 2000 and 2008, and some recommendations were reflected in the Limitation Act 2010. |
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NZLC R5 (1988) |
Annual Report |
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NZLC R4 (1988) |
Personal Injury: Prevention and Recovery: Report on the Accident Compensation Scheme |
Some of the Commission’s recommendations were reflected in the Accident Rehabilitation and Compensation Insurance Act 1992 and in the implementing regulations undertaken in 1994. See also R3. |
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NZLC R3 (1987) |
The Accident Compensation Scheme: Interim Report on Aspects of Funding |
Some of the Commission’s recommendations were reflected in the Accident Rehabilitation and Compensation Insurance Act 1992 and in the implementing regulations undertaken in 1994. See also R4. |
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NZLC R2 (1987) |
Annual Report |
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NZLC R1 (1987) |
Largely implemented by the Imperial Laws Application Act 1988 and associated legislation. |