Criminal Cases Review Commission Bill

Hon Andrew Little

Criminal Cases Review Commission Bill

Government Bill

106—2

Contents

Commentary
Key
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 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
19Commissioner 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
33ACourt may make orders for failure to comply with requirements
34Prohibition on disclosure of information unless authorised
35Authorised disclosures of information
36Application of Official Information Act 1982
37Privileged or confidential information
37AOrder for disclosure
37BPower of Judge to disallow privilege, etc
37CProtection of journalists’ sources
37DOverriding discretion as to confidential information
37EDiscretion as to matters of State
37FWho may apply for orders or directions under sections 37C to 37E
37GGeneral powers of Judge for purposes of provisions concerning privilege and confidentiality
37HClaims of privilege disallowed: protection for holder of privilege against use of information, etc, in proceedings
37IProtection for persons required to disclose information, etc
37JApplications for orders under this subpart are civil proceedings for purposes of District Court Act 2016, High Court Act 2016, etc
38Court may make orders for failure to comply with requirements
39Commission members’ legal status for purposes of Crown Entities Act 2004
40Application of section 29 of Crown Entities Act 2004
41Limitation on power to delegate
42Immunities
43Exemption from requirement to prepare statement of intent
44Exemption from requirements concerning statement of performance expectations
43Certain provisions relating to statement of intent and statement of performance expectations do not apply
44Report on additional matter to be included annual report
45Amendments to other enactments
Legislative history

The Parliament of New Zealand enacts as follows: