Where are all those reviews at in Family Law? (new Westlaw (New Zealand))
Society has changed a lot over time, and the struggle to operate in the 2020s with last-century legislation is a struggle for everybody. The Law Commission and the Ministry of Justice have been busy. Two major reviews and recommendations have already been presented to Parliament for consideration (Review of Succession Law and Review of the Property (Relationships) Act 1976); a third is to be presented this year (Review of Surrogacy); a fourth is to have its second round of consultation mid-year (Adoption); and a fifth is to have its consultation round this year and to be reported next year (Review of Adult Decision-making Capacity Law).
So here is a breakdown on where they all stand at the moment:
Review of Succession Law (Law Commission)
- Report presented to Parliament on 15 December 2021.
- Government to consider this alongside the Law Commission’s Review of the Relationships (Property) Act 1976 (previously tabled).
- Family Property’s Professor Emeritus Nicola Peart was on the Commission’s expert panel.
Review of the Property (Relationships) Act 1976 (Law Commission)
- Report presented to Parliament on 23 July 2019.
- Government decided to wait and consider alongside the Law Commission’s Review of Succession Law (presented to Parliament on 15 December 2021.)
- Family Property’s Professor Emeritus Nicola Peart was on the Commission’s expert panel.
Review of Surrogacy (Law Commission)
- Submissions closed 1 October 2021.
- Report to government expected by the end of May 2022.
- Child Law’s Dr Debra Wilson is on the Commission’s expert panel.
Adoption Law Reform (MoJ)
- Submissions closed on 31 August 2021 (more than 250 submissions received).
- Second round of consultation in mid-2022 will occur to report on feedback and seek public view on proposals for reform.
Review of Adult Decision-making Capacity Law (Law Commission)
- Started 6 October 2021.
- Public consultation to take place in 2022.
- Report to the Minister of Justice by the end of 2023.
- Family Incapacity’s Iris Reuvecamp is on the Commission’s expert panel.