Status: Completed
Project overview
The purpose of this project was to give fuller effect to the principle that the State is under the law and to ensure that as far as practicable legal procedures relating to and remedies against the Crown (as representing the State) are the same as those which apply to ordinary persons.
Status: Completed
Terms of reference
To give fuller effect to the principle that the State is under the law and to ensure that as far as practicable legal procedures relating to and remedies against the Crown (as representing the State) are the same as those which apply to ordinary persons.
With this in mind the Law Commission was asked to examine aspects of the legal position of the Crown, including but not limited to:
1. The civil liability of the Crown, its officers and agencies, and in particular special rules limiting or excluding that liability;
2. The Crown Proceedings Act 1950, with a view to its reform and simplification; and
3. The criminal liability of the Crown, its officers and agencies, and relevant procedures;
and to make recommendations accordingly.
Status: Completed
Report
Crown Liability and Judicial Immunity: A response to Baigent’s case and Harvey v Derrick (NZLC R37, 1997)
The Commission's Report, Crown Liability and Judicial Immunity: A response to Baigent’s case and Harvey v Derrick (NZLC R37, 1997).
Status: Completed
Government response
The Commission’s recommendations regarding Baigent’s case were implemented in part by section 27 of the Interpretation Act 1999.
There was no requirement for the Government to present a formal response to Commission reports before April 2009.
See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).