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Te Aka Kōrero No. 7 - News from the Law Commission

Te Aka Kōrero No. 7 - News from the Law Commission


Commissioning changes
The Justice Minister asked the Law Commission to advise him on the Government’s plan to treat abortion as a health issue. So RNZ’s show, The House, took an in-depth look at the Commission, what it does, why and how.
Listen to the podcast here.

Abortion law reform
The Law Commission is inviting public input on how New Zealand’s abortion laws could be made consistent with treating abortion as a health issue.
Read more…

Submissions affect relationship property review
The Law Commission has received over 300 submissions on its review of the Property (Relationships) Act 1976. The submissions and feedback from the public meetings held around the country have given the Commission plenty to consider.
"To make sure that everyone is aware of our likely recommendations and has a chance to have their say, we are going to release a Preferred Approach Paper in October 2018," says Law Commissioner Helen McQueen.
Read more…

The right to silence
The Evidence Act prohibits us from inferring that a defendant is guilty if he or she remains silent. That is a fundamental right in our Bill of Rights. But is there a distinction between making an adverse inference about a defendant's credibility and drawing an adverse inference about their guilt? It is a tricky legal issue that the Law Commission is exploring in its review of the Evidence Act.
Listen to Law Commission President Sir Douglas White explain the issue on our podcast.

Review of Class Actions and Litigation
The Law Commission has a new project looking at both class actions and litigation funding. While the project is not currently a priority, the President of the Law Commission Sir Douglas White spoke to a symposium at Auckland University in March on the future of class actions.
Read more…

Law Commission adviser helps examine gender bias in legal judgments
A new book challenges bias in our legal system by rewriting important judgments from a Māori and feminist viewpoint.
Feminist judgments of Aotearoa New Zealand : te rino : a two-stranded ropewas edited by Elisabeth McDonald, Rhonda Powell, Māmari Stephens and Rosemary Hunter. It re-examines 25 important New Zealand cases from a feminist or Māori women’s perspective. It asks how those judgments might have looked if written by feminist judges. Lisa Yarwood, a senior legal and policy adviser at the Law Commission, sat as one of the feminist judges in the book.
We talk to Lisa Yarwood in this podcast about her chapter in the book.

Privacy Bill implements 2011 recommendations
Seven years after the Law Commission completed its review of privacy law the Government has introduced a Bill to implement is recommendations. The Bill, which draws on recommendations in the Commission’s Final Reports, would strengthen New Zealand’s privacy protections.
Read more…

Other news

• David Goddard QC is the grants and scholarships committee chair of the Michael and Suzanne Borrin Foundation - established earlier this year through a $38 million bequest by the late Judge Ian Borrin in honour of his parents. He talks to RNZ's Kim Hill about the foundationand about a grant it gave to support research that the Commission will use as it reviews the Property (Relationships) Act 1976.
• Politicians across Parliament voted to support a Private Member's Bill that would implement Law Commission recommendations to modernise the law of Contempt of Court. The Minister of Justice said the Government will not only support the bill but is likely to adopt it "so that we can give it the resources and further consideration that it certainly deserves". Read the full debate on Hansard.

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PM's Statement: Deadly Eruption Of Whakaari / White Island

At this stage, we can confirm that amongst those currently listed as missing or injured are New Zealanders who were part of the tour operation, and tourists from Australia, the United States, the United Kingdom, China and Malaysia. That is to the best of our knowledge.

To those who have lost or are missing family and friends, we share in your unfathomable grief at this moment in time, and in your sorrow. Your loved ones stood alongside kiwis who were hosting you here. We grieve with you, and we grieve with them... More>>

Police Update: Plan To Recover Bodies
"I can now confirm that we are finalising a plan to recover the bodies from Whakaari / White Island tomorrow morning. Families will be briefed on the operation at 4.30pm and Deputy Commissioner Mike Clement will speak with media in Whakatane." More>>

Gordon Campbell: On The Eruption And Tourism Safety
Adventure tourism is a central theme in New Zealand tourism, and by definition, adventure always includes a certain level of risk. That said, New Zealand itself is also at risk of being seen as a tourism destination where commercial factors – rather than safety factors – are routinely allowed to determine the point where the boundary line of acceptable risk is being drawn. More>>

 
 

Gordon Campbell: On Welfare Vs Infrastructure Spending

If New Zealand has a pressing need to stimulate its flagging economy, it seems very weird that the government is choosing a $12 billion package of infrastructure spending – mainly on road and rail – that by definition, will take a very long time to deliver their stimulatory benefits ... More>>

New Reports: "Immediate Commitment To Doing Justice Differently"

Justice Minister Andrew Little released two reports today, Turuki! Turuki! from Te Uepū Hāpai I te Ora, and Te Tangi o te Manawanui: Recommendations for Reform from the Chief Victims Advisor. Both recommend a fresh approach to the way criminal justice has been approached... More>>

ALSO:

"Heart-Breaking And Confronting": Surgical Mesh Restorative Justice Report

Minister Genter: “People have talked about losing the life they had enjoyed before surgical mesh harmed them – the loss of a steady job, the ability to exercise, a loving relationship in some cases. Others described the chronic pain they experienced..." More>>

ALSO:

Law Foundation: Government Decryption Powers Must Respect Privacy

The power of government to order users and companies to decrypt encrypted data and devices needs stronger privacy protections and additional safeguards, according to a study published by researchers at the University of Waikato. More>>

Latest 'Discussion Doc': National On Healthcare

National has today released our eighth Discussion Document which focusses on health and outlines a range of policies which will enable more Kiwis to access high-quality healthcare, Leader of the Opposition Simon Bridges says. More>>

ALSO:

Select Committee Report: Combatting Foreign Election Interference

MPs have finally delivered their recommendations to combat foreign interference in elections in a long awaited and much delayed report. More>>

Mosque Attacks: Names Of Arresting Officers Released

Police are now in the position to name the two officers involved in the arrest of the alleged gunman responsible for the attacks on the Al Noor and Linwood Mosques on March 15. More>>

Big, Bold, Permanent Change Needed: Children's Commissioner On 2019 Child Poverty Monitor

“I want to see family incomes dramatically raised by increasing benefits and making the minimum wage a living wage. And the Government needs to move much faster at increasing the supply of social housing..." More>>

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