Law Commission Act 1985

1: Short Title and commencement
1: This Act may be cited as the Law Commission Act 1985.
2: This Act shall come into force on 1 February 1986.
2: Act to bind the Crown
This Act binds the Crown.
3: Purpose
The purpose of this Act is to promote the systematic review, reform, and development of the law of New Zealand.
3A: Interpretation
In this Act, unless the context otherwise requires,— Commissioner organisation
a: an organisation named in Part 2
b: an organisation named in Schedule 1
c: the Auditor-General responsible Minister Section 3A substituted 25 January 2005 section 200 Crown Entities Act 2004
4: Establishment
1: For the purpose of this Act, there is hereby established a commission to be called the Law Commission.
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 4(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(3) added 25 January 2005 section 200 Crown Entities Act 2004
5: Functions
1: The principal functions of the Commission are—
a: to take and keep under review in a systematic way the law of New Zealand:
b: to make recommendations for the reform and development of the law of New Zealand:
c: to advise on the review of any aspect of the law of New Zealand conducted by any government department or organisation (as defined in section 3A
d: to advise the Minister of Justice and the responsible Minister
2: In making its recommendations, the Commission—
a: shall take into account te ao Maori (the Maori dimension) and shall also give consideration to the multicultural character of New Zealand society; and
b: shall have regard to the desirability of simplifying the expression and content of the law, as far as that is practicable.
3: Except as expressly provided otherwise in this or any other Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004 Section 5(1)﻿(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(1)﻿(d) amended 19 December 2002 section 4 Law Commission Amendment Act 2002 Section 5(3) added 25 January 2005 section 200 Crown Entities Act 2004
6: Powers
1:
2:
a: to initiate proposals for the review, reform, or development of any aspect of the law of New Zealand and to receive and consider any such proposals made or referred to it by any person:
b: to initiate, sponsor, and carry out such studies and research as it thinks expedient for the proper discharge of its functions:
c: to publicise such parts of its work in such manner as it thinks expedient, to conduct public hearings, to seek comments from the public on its proposals, and to consult with any persons or classes of persons:
d: to provide advice and assistance to, and to request information from, any government department or organisation
3: Subsection (2) section 16 section 17 Section 6(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 6(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(2)﻿(d) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 6(3) added 25 January 2005 section 200 Crown Entities Act 2004
7: Responsibilities
1: The Commission shall prepare and submit to the responsible Minister
2: The responsible Minister responsible Minister
3: The responsible Minister Section 7(1) amended 19 December 2002 section 4 Law Commission Amendment Act 2002 Section 7(2) amended 19 December 2002 section 4 Law Commission Amendment Act 2002 Section 7(3) amended 19 December 2002 section 4 Law Commission Amendment Act 2002
8: Assistance by departments
1: The Commission may consult with any government department or organisation concerning any review of any aspect of the law of New Zealand administered by that department or organisation and may receive from the department or organisation such information relating to that review as is appropriate.
2: Section 8(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Membership of Commission
1: The Law Commission must have no less than 3, and no more than 6, members.
2: Members of the Commission are the board for the purposes of the Crown Entities Act 2004
3: The Governor-General must, on the recommendation of the responsible Minister, appoint 1 member of the Commission, who must be a Judge or retired Judge of the Court of Appeal or the High Court, or a barrister or solicitor of the High Court of not less than 7 years' practice, as the president of the Commission.
4: The president holds office as chairperson of the board for the purposes of the Crown Entities Act 2004
5: Clauses 1 to 4 Section 9 substituted 25 January 2005 section 200 Crown Entities Act 2004
10: Appointment of Judge as member not to affect tenure, etc
The appointment of a Judge as a member of the Commission, or service by a Judge as a member of the Commission, does not affect the Judge's tenure of the judicial office or the Judge's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge's service as a member shall be taken to be service as a Judge.
11: Term of office
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Vacation of office
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: President and deputy
1: The president of the Commission shall be its chief executive and shall supervise and direct the work of the Commission.
1A: Despite subsection (1) section 117
2: The president of the Commission may from time to time appoint another member of the Commission as the deputy of the president of the Commission.
2A: The deputy president holds office as deputy chairperson of the board for the purposes of the Crown Entities Act 2004
3: In any case in which the president of the Commission becomes incapable of acting by reason of illness, absence, or other sufficient cause or during any vacancy in the office of president, the deputy of the president of the Commission shall have and may exercise all the powers, functions, and duties of the president.
4: No acts done by a person holding office as the deputy of the president of the Commission in that person's capacity as such deputy, and no act done by the Commission while a deputy of the president of the Commission is acting as such deputy, shall in any proceedings be questioned on the ground that the occasion for the deputy's so acting had not arisen or had ceased. Section 13(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 13(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004
14: Procedure
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Proceedings of Commission
The provisions of Schedule 1
16: Reports
1: The Commission—
a: shall submit to the responsible Minister, and any relevant portfolio Minister,
b: shall publish every report submitted to the responsible Minister, and any relevant portfolio Minister, paragraph (a) of this subsection
2: Where the Commission furnishes to the responsible Minister responsible Minister Section 16(1)﻿(a) amended 19 December 2002 section 4 Law Commission Amendment Act 2002 Section 16(1)﻿(b) amended 19 December 2002 section 4 Law Commission Amendment Act 2002 Section 16(2) amended 19 December 2002 section 4 Law Commission Amendment Act 2002
17: Annual report
Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004
18: Consequential amendments to other enactments
The enactments specified in Schedule 2