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R135 The Crown in Court: A review of the Crown Proceedings Act and national security information in proceedings

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Contents

General Information
Letter to the Minister
Foreword
Acknowledgements
Chapter 1 - One Report - two references
- Introduction
- Structure of the Report
- Origins and conduct of the reviews
Part 1 A new Crown Civil Proceedings Act
Chapter 2 - Why a new Crown Civil Proceedings Act?
- Introduction
- Case for reform
- Principles underpinning the review
- Recommending a new Act
- Modernisation
- The overall scope of the new Act
- The relationship to general rules of civil procedure
Chapter 3 - Resolving central policy issues
- Introduction
- Liability of the Crown in tort
- Accountability of Crown employees
- Accountability of Ministers
- Compulsory enforcement
Chapter 4 - Draft Crown Civil Proceedings Bill and commentary
- Introduction
- Title and commencement
- Preliminary provisions
- Part 1 – Substantive matters
- Part 2 – Procedure and execution
- Schedule 1 – Transitional, savings and related provisions
- Schedule 2 – Existing immunity provisions
- Schedule 3 - Amendments consequential on repeal of section 5(2) of the Crown Proceedings Act 1950
- Schedule 4 – Consequential amendments to other enactments
Part 2 National security information in proceedings
Chapter 5 - Overview and summary
- Introduction
- What is covered by this review?
- How is national security information managed in proceedings?
- Policy issues and problems
- Framework for reform
- Overview of the reforms
Chapter 6 - Civil proceedings
- Introduction
- Public interest immunity in civil proceedings – issues with the current law
- Recommended approach for civil proceedings
- Other options that were considered by the Commission but not recommended
Chapter 7 - Administrative decisions
- Introduction
- Why is reform needed?
- Our approach to reform
- Suggestions for reform: initial stage of decision-making
- Judicial review and appeals of administrative decisions
Chapter 8 - Criminal prosecutions
- Introduction
- Current law
- Use of national security information by the Police
- Recommended reforms
Chapter 9 - The special advocate regime and security issues
- Introduction
- The special advocate regime
- Security in the courts
Appendices
Appendix 1 - Terms of reference
- Review of Crown Proceedings Act 1950
- Review of national security information in proceedings
Appendix 2 - Crown Civil Proceedings Bill
Appendix 3 - Submissions summary and comment
- Introduction
- What information should be protected?
- How should national security information be managed in proceedings?
- Judicial scrutiny
- A single overarching framework
Appendix 4 - List of submitters and consultees
- Part 1 Review of the Crown Proceedings Act
- Part 2 National security information in proceedings
Appendix 5 - Recommendations
- Part 1 Review of the Crown Proceedings Act
- Part 2 National security information in proceedings

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Letter to the Minister

7 December 2015

The Hon Amy Adams
Minister Responsible for the Law Commission
Parliament Buildings
WELLINGTON

Dear Minister

NZLC R135 – THE CROWN IN COURT: A REVIEW OF THE CROWN PROCEEDINGS ACT AND NATIONAL SECURITY INFORMATION IN PROCEEDINGS

I am pleased to submit to you the above Report under section 16 of the Law Commission Act 1985.

Yours sincerely

Sir Grant Hammond Signature.

Sir Grant Hammond
President

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