Reprint as at 3 April 2020

Coat of Arms of New Zealand

Criminal Cases Review Commission Act 2019

Public Act
 
2019 No 66
Date of assent
 
16 November 2019
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
3Purpose of this Act
4Interpretation
5Transitional, savings, and related provisions
6Act binds the Crown
7Criminal Cases Review Commission established
8Commission is Crown entity
9Membership of Commission
10Specialist advisers
11Primary function
12Commission’s power to initiate and conduct inquiries into general matter
13Duty to promote public awareness of functions
14Powers of Commission
15Commission may regulate own procedures
16Manner in which Commission must act
17Ground for referring conviction or sentence to appeal court
18Appeal court to which conviction or sentence may be referred
19Commission must give appeal court reasons for referral
20Hearing and determination of appeal
21Who may apply
22How application may be made
23Commission may accept application made in representative capacity
24Commission may decide to take no action in relation to application
25Commission may decide to investigate
26Commission must notify its decision on application for referral
27Commission’s power to make initial inquiries on its own initiative
28Governor-General may transfer applications for exercise of Royal prerogative to Commission
29Advisory function in relation to applications for exercise of Royal prerogative of mercy
30Exercise of Royal prerogative of mercy not affected
31Powers of investigation: general
32Commission may require person to give information
33Commission may require person to give evidence on oath or affirmation
34Court may make orders for failure to comply with requirements
35Prohibition on disclosure of information unless authorised
36Authorised disclosures of information
37Application of Official Information Act 1982
38Privileged information
39Order for disclosure
40Power of Judge to disallow privilege, etc
41Protection of journalists’ sources
42Overriding discretion as to confidential information
43Discretion as to matters of State
44Who may apply for orders or directions under sections 41 to 43
45General powers of Judge for purposes of provisions concerning privilege and confidentiality
46Claims of privilege disallowed: protection for holder of privilege against use of information, etc, in proceedings
47Protection for persons required to disclose information, etc
48Applications for orders under this subpart are civil proceedings for purposes of District Court Act 2016, Senior Courts Act 2016, etc
49Commission members’ legal status for purposes of Crown Entities Act 2004
50Limitation on power to delegate
51Immunities
52Certain provisions relating to statement of intent and statement of performance expectations do not apply
53Report on additional matter to be included in annual report
54Amendments to other enactments
Reprint notes

The Parliament of New Zealand enacts as follows: