Criminal Cases Review Commission Act Commencement Order 2020

2020/12

Coat of Arms of New Zealand

Criminal Cases Review Commission Act Commencement Order 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 24th day of February 2020

Present:
Her Excellency the Governor-General in Council

This order is made under section 2 of the Criminal Cases Review Commission Act 2019 on the advice and with the consent of the Executive Council.

Order

1 Title

This order is the Criminal Cases Review Commission Act Commencement Order 2020.

2 Commencement of specified provisions of Criminal Cases Review Commission Act 2019

The following provisions of the Criminal Cases Review Commission Act 2019 come into force on 3 April 2020:

(a)

section 4 (interpretation):

(b)

section 7 (which establishes the Criminal Cases Review Commission):

(c)

section 8 (which declares the Commission to be a Crown entity for the purposes of the Crown Entities Act 2004):

(d)

section 49 (which relates to the Commission members’ legal status for the purposes of the Crown Entities Act 2004):

(e)

section 51 (which relates to the application of sections 120 to 126 of the Crown Entities Act 2004 (immunities) to the Commission and its members):

(f)

the following provisions of Schedule 2 (amendments to other enactments):

(i)

item relating to the Crown Entities Act 2004:

(ii)

item relating to the Legal Services Act 2011:

(iii)

item relating to the Official Information Act 1982.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order brings into force various provisions of the Criminal Cases Review Commission Act 2019 (the Act) on 3 April 2020 as part of setting up the Criminal Cases Review Commission (the Commission). The remaining provisions of the Act will come into force not later than 1 July 2020.

In summary, the provisions brought into force by this order—

  • give the meaning of certain terms used in the Act:

  • bring the Commission into existence as an independent Crown entity under the Crown Entities Act 2004:

  • grant certain immunities specified in the Crown Entities Act 2004 to the Commission and its members, employees, and specialist advisers:

  • specify the legal status of the members of the Commission, Chief Commissioner, and Deputy Commissioner for the purposes of the Crown Entities Act 2004:

  • amend the Crown Entities Act 2004 and the Official Information Act 1982 with the effect that certain obligations of transparency and accountability under those enactments apply to the Commission:

  • amend the Legal Services Act 2011 with the effect of enabling a person to apply for legal aid as soon as possible if this is necessary in order for them to prepare an application to the Commission.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 February 2020.

This order is administered by the Ministry of Justice.