Chapter 1
One Report – two references

Structure of the Report

1.6The Report is broken into two stand-alone parts.

Review of the Crown Proceedings Act

1.7Part 1 of the Report completes the Law Commission’s review of the Crown Proceedings Act 1950.

1.8Within Part 1, Chapter 2 sets out the case for and the purpose of a new Crown Civil Proceedings Act. It also gives an overview of the key changes from the current Act included in the draft Bill. Its key recommendation is the enactment of a much modernised Crown Civil Proceedings Act. Chapter 3 looks at the central issues raised in the Law Commission Issues Paper A New Crown Civil Proceedings Act for New Zealand (IP 35) and reports back on submissions received on that paper. The central issues include whether the Crown can be held by the court to be directly liable for torts, the liability of Crown employees and ministers, and whether the Crown should be subject to compulsory enforcement remedies. The important issue of public interest immunity in relation to the Crown’s disclosure obligations is fully addressed in Part 2 of the Report.

1.9Because much of the reform we are recommending for the new Crown Civil Proceedings Act is quite technical in nature, Chapter 4 of the Report consists of a draft Bill with commentary that presents and explains our recommendations.

The review of national security information in proceedingsTop

1.10Part 2 of the Report completes the Law Commission’s review of national security information in proceedings. This part of the Report does not repeat the material included in the earlier Issues Paper National Security Information in Proceedings (IP 38). The Report should therefore be read in conjunction with that paper.

1.11Chapter 5 provides an overview of the Commission’s review and gives a summary of the reforms recommended in Part 2 of the Report. Chapters 6, 7 and 8 then separately address issues that arise and set out our recommendations in respect of national security information in civil proceedings, administrative decision-making affecting rights and criminal trials. In Chapter 9, we outline the features of the special advocate model we have recommended and deal with any remaining issues, particularly around ensuring security is maintained for closed procedures. An overview and report back on submissions and feedback on the earlier Issues Paper is included as an Appendix to the Report (Appendix 3).