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New Zealand Law Society - Submissions on discussion papers

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Submissions on discussion papers

Public submissions from 2019 to present are available here. For earlier public submissions, please inquire with lawreform@lawsociety.org.nz for availability.

Access to justice (including legal aid)

Feedback on Draft Digital Strategy for Courts and Tribunals, 30 September 2022
Rules Committee report - Improving Access to Civil Justice, 27 February 2023
Feedback on draft Interpreter Services Quality Framework, 24 February 2023
Options to achieve improved outcomes in the corrections system, 23 September 2022
Wayfinding for civil justice draft framework, 30 June 2022
Access to civil justice: Costs for self-represented litigants, 11 February 2022
Improving access to civil justice: Rules Committee further consultation, 2 July 2021
Improving access to civil justice: Rules Committee consultation, 25 August 2020
Police Detention Legal Assistance Scheme, nationwide trial roster, 18 February 2021
Supreme Court proceedings-publication proposed changes, 27 April 2021
Legal Aid, Alcohol and Other Drug Treatment Court, proposed legal services model, 1 April 2021
Access to civil justice: Costs for Litigants-in-Person, 30 October 2020
Legal Aid, proposed variation to provider contract, 11 June 2020
Dispute Resolution, Model Standards, 15 January 2020
Legal Aid – changes to approvals process, 14 November 2019
Legal Aid, High Cost Cases and Amendments to Grant, 17 January 2019

Accident compensation

Proposed amendments to ACC Hearing Assessment Regulations, 12 Sept 2022
Proposed amendments to ACC Hearing Assessment Regulations, 12 Sept 2022
Proposed amendments to the Accident Compensation (Review Costs and Appeals) Regulations 2002, 1 April 2022

AML/CFT

Proposed amendments to AML/CFT regulations, 14 April 2023
Review of the AML/CFT Act, 10 December 2021
AML/CFT-Electronic Identity Verification draft guideline, 19 March 2021
AML/CFT, barristers–class exemption draft Notice, 20 March 2020
AML/CFT-expiring regulations, 30 October 2019
AML/CFT-exemption application, barristers-further consultation, 13 March 2019

Civil litigation & dispute resolution

The use of remote participation in courts, 20 September 2024
Draft High Court (Improved Access to Civil Justice) Amendment Rules, 12 September 2024
Depositor Compensation Scheme Regulations, 9 May 2024
Charities Appeals Regulations, 18 January 2024
Regulations to enable charities appeals, 18 January 2024
Potential Coroners Amendment Bill: MOJ Discussion Note, 29 November 2021
Draft Domestic Student Contract Dispute Resolution Scheme Rules, 21 May 2021
Class Actions, Supreme Court appeal-NZLS intervenor submissions, 16 March 2020
Building reform, risk and liability, 17 June 2019

Commercial law (including insolvency and intellectual property)

Exploring a consumer data right for the banking and electricity sectors, 10 October 2024
Enhancing Telecommunications Regulatory and Funding Frameworks, 19 June 2024
Policy proposals for regulations under the Deposit Takers Act 2023, 9 May 2024
Proposed Fair Outcomes for Consumers and Markets Guide, 01 March 2024
Review of the Insurance (Prudential Supervision) Act 2010 - omnibus consultation, 12 December 2023
Incorporated Societies Act 2022: Proposed regulations, 28 July 2023
Proposals for the Resale Right for Visual Artists Regulations, 25 May 2023
Reform of geographical indications law, 28 February 2023
Exposure draft Insurance Contracts Bill, 12 May 2022
Draft Plant Variety Rights Regulations and proposed changes to fees, 18 May 2022
Plant Variety Rights Act 1987, proposed regulations, 1 September 2021
Review of the Insurance (Prudential Supervision) Act 2010 (scope of the Act and overseas insurers), 23 March 2021
Statutes Revision Programme 2021-23, 10 March 2021
Case management and procedural proposals, 11 December 2020
Review of the Plant Variety Rights Act 1987 – outstanding policy issues, 17 September 2020
EU-NZ Free Trade Agreement, Geographical Indications, 17 April 2020
Climate-related financial disclosure, 17 December 2019
Insolvency practitioner licensing standards, 13 December 2019
Supplementary Submission, Intellectual Property Laws Omnibus Bill Discussion Paper, 3 October 2019
Plant Variety Rights Options Paper, 11 September 2019
Intellectual Property Laws Omnibus Bill Discussion Paper, 16 August 2019
Insurance Contract Law Review options, 27 June 2019
Conduct of Financial Institutions: review, 7 June 2019
Copyright Act 1994 review, 4 April 19 08 Apr 2019

Contract and consumer law

Draft Domestic Student Contract Dispute Resolution Scheme Rules, 21 May 2021

Criminal law and youth justice

Improving jury trials timeliness, 31 October 2024
Submission to the Petitions Select Committee – Wayne Jessop’s petition, 18 October 2024
Consultation on options to improve safety within prisons, 30 September 2024
Fourth phase of monitoring the implementation of the OECD Anti-Bribery Convention in New Zealand, 3 May 2024
OT - Potential changes to the OT Act, options papers - 14 October 2022
Options to achieve improved outcomes in the corrections system, 23 September 2022
Review of the Search and Surveillance Act 2022, 29 June 2022
Covid-19 response: proceeding with jury trials at Level 3, 4 March 2021
Evidence Act, proposed repeal of section 202, 10 May 2021
Crown Law - Solicitor-General Prosecution Guidelines consultation, 30 April 2021
New Zealand Parole Board, draft memorandum to counsel, 17 February 2021
Court-appointed Communication Assistance, draft quality framework, 17 February 2021
Covid-19 PHR (Air Border) Order 2020, 9 July 2020
Firearms Prohibition Orders – consultation, 13 January 2020
Jury Amendment Rules 2019, 16 September 2019
Regulations for the appointment of youth advocates under the Oranga Tamariki Act 1989, 13 August 2019
Improving the justice response to sexual violence, 11 October 2018
Sexual Violence Trials, 2 June 2017
Customs Infringement Notice Scheme, 23 January 2019

Employment law

Feedback on the work health and safety regulatory system, 31 October 2024
A New Zealand Income Insurance Scheme, 29 April 2022,
Bullying and harassment at work - issues paper, 30 March 2021
Better Protections for Contractors consultation, 17 February 2020
Temporary Migrant Worker Exploitation review, 27 November 2019
Fair Pay Agreements System, 27 November 2019

Environmental and climate change law

Consultation on amendments to the Climate Change Response Act 2002 under the Severe Weather Emergency Recovery Legislation Act 2023, 9 May 2023
Consultation on national direction for plantation and exotic carbon afforestation, 18 November 2022
Managing our wetlands in the coastal marine area, 20 September 2022
Exposure draft of the national policy statement for indigenous biodiversity, 21 July 2022
Exposure draft of changes to the National Policy Statement for Freshwater Management, 11 July 2022
Conservation management and processes, 30 June 2022
Exposure draft of the Crown Minerals (Petroleum) Amendment Regulations 2022, 30 June 2022
Proposed technical amendments to fisheries regulations, 3 March 2022
Proposed amendments to the Fisheries Act 1996, 11 February 2022
Natural and Built Environments Bill, exposure draft, 4 August 2021, 5 August 2021
National Policy Statement - Indigenous Biodiversity, 13 March 2020 13 Mar 2020
Resource Management Review - Issues and Options paper, 3 February 2020 04 Feb 2020
Review of the Crown Minerals Act 1991, 27 January 2020 29 Jan 2020
Action for healthy waterways, national direction on freshwater, 4 November 2019 07 Nov 2019
Crown pastoral land review, 11 April 2019 12 Apr 2019
Fisheries review, 18 March 2019 19 Mar 2019

Family law

Adoption in Aotearoa MOJ Discussion Document, 31 August 2021
Family Violence Act 2018 Information Sharing Guidance, 12 March 2019 14 Mar 2019
Family Court review, further consultation, 1 March 2019 05 Mar 2019

Health and disability law

End of Life Choice Act review, 25 September 2024
Review of the Health and Disability Commissioner Act 1994 and the Code of Health and Disability Services Consumers’ Rights, 1 August 2024
A new adoption system for Aotearoa, 16 August 2022
Transforming our Mental Health Law – discussion document, 27 January 2022 27 Jan 2022

Immigration and refugee law

Law Commission submissions

Here Ora? Preventive measures for community safety, rehabilitation and reintegration (Preferred Approach Paper 54), 25 September 2024
Ia Tangata — A review of the protections in the Human Rights Act 1993 for people who are transgender, people who are non-binary and people with innate variations of sex characteristics (Issues Paper 53), 5 September 2024.
Review of Adult Decision-Making Capacity Law | He Arotake i te Ture mō ngā Huarahi Whakatau a ngā Pakeke (Second Issues Paper 52), 1 July 2024
Hapori whānui me te tangata mōrea nui | Public safety and serious offenders, 28 July 2023
Te Arotake Tuatoru i te Evidence Act 2006 | The Third Review of the Evidence Act 2006, 13 July 2023
Law Commission - Adult Decision-Making Capacity, 10 March 2023
Class Actions & Litigation Funding SIP48, 22 November 2021
Law Commission Issues Paper 47: Surrogacy, 1 October 2021
Review of Succession Law IP46, 17 June 2021
Class Actions & Litigation Funding IP45, 11 March 2021
The Use of DNA in Criminal Investigations, IP43, 1 April 2019

Property law

Review of Anti-competitive Land Agreements, 25 August 2023
Regulation of Residential Property Managers, 7 April 2022
EDO231: Excusing Estates from filing income tax returns, 9 July 2021
Retirement Villages-White Paper, 25 March 2021, 25 Mar 2021
Overseas Investment Act review, phase 2 consultation, 24 May 2019 27 May 2019

Public law (including rule of law)

Exposure draft of Valuers Bill and associated Amendment Paper, 9 September 2024
Draft voluntary code of conduct for political lobbyists, 8 April 2024
Improving scrutiny of OIA exemption clauses, 18 March 2024
Feedback on Independent Electoral Review Interim Report, 24 July 2023
Review of Standing Orders 2023 – proposals for entrenchment, 3 February 2023
Review of Standing Orders 2023, 16 September 2022
Review of the Intelligence and Security Act 2017, 13 June 2022
Inquiry into Parliamentary Scrutiny of Confirmable Instruments, 22 April 2020
Review of Standing Orders 2020, 31 October 2019
Official Information Act consultation, 24 April 2019
Proposed amendments to the Immigration Advisers Licensing Act 2007, 23 March 2018

Human rights and privacy

Review under section 158 of the Privacy Act of the Gang Harm Insights Centre approved information sharing agreement (AISA), 17 September 2024
Feedback on the OPC exposure draft biometrics code, 8 May 2024
Report on the 4th Cycle of the Universal Periodic Review, 11 October 2023
Recognising gender on birth certificates and exploring a gender registration process for people born overseas, 25 July 2022
A legislative response to modern slavery and worker exploitation, 7 June 2022
Proposals against the incitement of hatred and discrimination, 12 August 2021
Proposals against hate speech and incitement to discriminate, 5 August 2021
Options for establishing a consumer data right in New Zealand, 9 October 2020
Health Information Privacy Code – consultation, 26 August 2020
Telecommunications Information Privacy code consultation, 28 February 2020
Register of Lawyers – potential Rules change, personal safety and privacy concerns, 17 September 2019
United Nations Committee against Torture, NZ 7th periodic review – draft government report, 18 June 2019 18 Jun 2019

Tax law

PUB00489 - Application of bright-line rollover relief provisions to transfers of residential land between associated persons, 23 October 2024
ED0258 & ED0260 The Commissioner’s search powers and section 17GB notices, 18 October 2024
PUB00454 - Income Tax - Share Investments, 17 September 2024
PUB00480 - Overdrawn shareholder loan account balances, 31 July 2024
PUB00429: Income Tax – main home exclusion to bright-line test, 29 May 2023
PUB00367: Income Tax – Partnerships, 8 May 2024
PUB00364 - Employee Share Schemes, 18 April 2024
Taxation of Trusts, 12 October 2023
GST - Unit Title Body Corporates, 15 June 2023
Main home exclusion to the bright-line test – absences from the main home, 29 May 2023
Charities – Business Income Exemption, 31 January 2023
Income Tax – IS 13/01 tax avoidance and interpretation of sections BG 1 and GA 1 of the Income Tax Act, 30 November 2022
GST – Section 58 – Specified agents of incapacitated persons, and mortgagees in possession, 9 November 2022
Application of section CZ 39 bright-line test to certain family and close relationship transactions, 11 October 2022
Issues Paper: OECD Pillar 2, GloBE Rules for NZ, 27 June 2022
Re: IRD ED0240 Disputes process, 15 June 2022
Re: Dividend integrity and personal services income attribution - Government discussion document, 26 April 2022
Re: The role of digital platforms in the taxation of the gig and sharing economy, 20 April 2022
Re: Officials Issues Paper - Tax Administration in a Digital World, 30 March 2022
Deductibility of costs incurred due to COVID-19, 9 March 2022
Re: ED0237 Section 17GB notices – the Commissioner’s power to obtain information for tax policy purposes, 31 January 2022
Cross-border workers: issues and options for reform, 25 November 2021
ED0235: reporting requirements for domestic trusts (draft operational statement), 25 November 2021
Reporting requirements for domestic trusts, issues paper, 15 November 2021
PUB00305: tax avoidance BG 1 and GA 1 of the Income Tax Act 2007, 14 April 2021, 21 April 2021
IRRUIP15 - Income tax, trusts and the Australia - New Zealand Double Tax Agreement, 26 March 2021, 31 March 2021
Tax treatment of cryptoassets – blockchain forks, airdrops, 24 February 2021
PUB00359a & PUB00359b, charities business exemption, 15 February 2021
PUB00364: Employee share schemes (specific interpretive issues), 23 December 2020
PUB00332 GST – unconditional gifts, revised draft, 16 December 2020
PUB00381: do certain supplies wholly or partly consist of land for the purposes of the CZR rules?, 12 November 2020
PUB00326: minor development or division work, revised examples, 25 June 2020
Goods and Services Tax – GST and agency, 23 October 2020
ED0223: Non-resident employers obligations, cross-border employment, 2 September 2020
GST – unconditional gifts, 29 May 2020 02 Jun 2020
GST Policy Issues – Issues Paper, 26 May 2020 26 May 2020
Investment in US Limited Liability Companies, 13 May 2020 14 May 2020
Income tax – tax issues arising from ownership of overseas rental property, 13 May 2020 14 May 2020
Unclaimed Money Act 1971 review, 28 February 2020 02 Mar 2020
Charities and donee organisations, 25 February 2020 26 Feb 2020
Purchase price allocation, 18 February 2020 19 Feb 2020
Habitual buying and selling of land, (proposed draft amendments), 3 February 2020 04 Feb 2020
Income tax - when is development or division work minor, 20 December 2019 23 Jan 2020
GST treatment of short-stay accommodation, beneficiaries and trustees renting, 10 December 2019 12 Dec 2019
Holding costs for privately used land that is taxable on sale, 1 November 2019 05 Nov 2019
Habitual buying and selling of land, 23 October 2019 24 Oct 2019
Distributions from foreign trusts, 12 September 2019 12 Sep 2019
Income tax — application of discretion in section 18D(2) TAA – an exception to confidentiality, 16 August 2019 20 Aug 2019
Income tax - application of ESSR rules to employer issued crypto-assets provided to an employee, 15 August 2019 15 Aug 2019
Employer issued cryptocurrency, 28 June 2019 02 Jul 2019
Charities Act 2005 review, 13 June 2019 13 Jun 2019
Business premises exclusion (bright line test), 12 June 2019 12 Jun 2019
Business premises exclusion (section CB 19), 12 June 2019 12 Jun 2019
Cryptocurrency – salary, wages and bonuses, 7 May 2019 05 Jun 2019
Donee organisations, factsheet wholly or mainly, 22 August 2018 17 May 2019
Short stay accommodation, 21 March 2019 25 Mar 2019
Voluntary Disclosures, 4 February 2019 11 Feb 2019