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Law Commission announces terms of reference for Review

The Law Commission is pleased to announce the terms of reference for two of its projects.

Review of Succession Law
The law of succession is the system of rules that governs who gets a person’s property when they die. The Law Commission will review this law and report to the Minister with recommendations by the end of 2021.

Broadly, the Law Commission will consider who should be entitled to claim property despite what the deceased said in their will or when the deceased has died without a will.

The review will include consideration of:
• Property (Relationships) Act 1976
• Family Protection Act 1955
• Law Reform (Testamentary Promises) Act 1949
• Administration Act 1969.
Information about the Review of Succession Law and the full terms of reference are available on our website.

Class Actions and Litigation Funding
The Law Commission is conducting a review of the law relating to class actions and litigation funding in New Zealand. While an increasing number of representative proceedings are being brought in the High Court (often referred to as “class actions”), New Zealand does not have detailed rules for conducting these proceedings. Similarly, litigation funding is increasing in New Zealand and there is currently no specific regulation of these arrangements.

The Commission’s review will consider whether, and to what extent, class actions and litigation funding are desirable in New Zealand. The Commission will also consider what rules should govern any class actions and litigation funding regime.

The Commission expects to publish a detailed consultation document in 2020 and will invite the public to provide feedback.

Information about the Review of Class Actions and Litigation Funding and the full terms of reference are available on our website.

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