On Friday 18 November, the Minister responsible for Te Aka Matua o te Ture | Law Commission, Hon Kiritapu Allan, referred to the Commission the following issues:

• Legal responses to hate-motivated offending;
• Legal responses to speech that expresses hostility towards, or contempt for, people who share a common characteristic;
• Protections in the Human Rights Act 1993 for transgender people, non-binary people and people with diverse sex characteristics, including whether to change the prohibited grounds of discrimination in section 21 of the Human Rights Act.

The Commission will now consider how best to progress its review of these issues. We hope to provide further information about how we intend to proceed by the end of 2022. This information will be published on the Commission’s website and sent to its mailing list. You can subscribe to the mailing list at www.lawcom.govt.nz/subscribe.

The Commission has no further comment to make about the new reference at this time.

During 2022, the Commission has published two final reports – on class actions and litigation funding, and on surrogacy. It has also published a study paper on the legal framework for emergencies. As well, the Commission has published terms of reference for two new reviews: the third review of the Evidence Act 2006, and public safety and serious offenders.

Consultation will open on a preliminary issues paper on adult decision-making capacity later this month. The Commission anticipates it will produce a study paper on tikanga Māori in the 2022/23 year.

Background:

Te Aka Matua o te Ture | Law Commission is an independent, publicly funded, an advisory body established by statute to undertake and promote the systematic review, reform and development of the law of Aotearoa New Zealand. Its purpose is to help achieve law that is just, principled, and accessible. The Commission provides law reform advice to Government in respect of projects included within a work programme agreed with the Minister of Justice. It also publishes occasional study papers that provide the Government, the judiciary, researchers and others with detailed analyses of issues considered to be materially relevant to the ongoing development of the law.

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