The Criminal Cases Review Commission is established.

The Commission is a Crown entity for the purposes of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Commission except to the extent that this Act expressly provides otherwise.

See subpart 7, which contains provisions relating to how certain provisions of the Crown Entities Act 2004 apply to the Commission.

The Commission must have the following members:

At least 1 member must have knowledge or understanding of te ao Māori and tikanga Māori.

At least one-third of the members must be legally qualified.

At least two-thirds of the members must have experience in working in the criminal justice system or have other knowledge or expertise relevant to the Commission’s functions and duties, which may include experience, knowledge, or expertise acquired overseas.

A person is legally qualified for the purposes of subsection (3) if the person—

The Commission may appoint qualified persons, as required, to assist the Commission with any of its functions or duties by giving advice in relation to cultural, scientific, technical, or other matters involving particular expertise.

A specialist adviser is subject to the same obligations of confidentiality as members and employees of the Commission under section 35.

Advice given by a specialist adviser is information provided to the Commission for the purposes of sections 36 and 37 and is subject to those provisions.

The primary function of the Commission is to investigate and review convictions and sentences and decide whether to refer them to the appeal court under section 17.

This section applies if the Commission, in the course of performing its functions and duties under this Act, identifies a practice, policy, procedure, or other matter of a general nature that it considers may be related to cases involving a miscarriage of justice or has the potential to give rise to such cases.

The Commission may conduct an inquiry into the matter on its own initiative if it is satisfied that an inquiry is in the public interest.

The Commission must provide a written report on the inquiry, including the Commission’s findings and any recommendations it may wish to make, to the Minister of Justice.

The Minister of Justice, as soon as practicable after receiving the report, must present it to the House of Representatives.

The Commission must carry out the activities it considers necessary to make its functions known to, and understood by, the public.

The Commission has and may exercise all powers necessary for performing its functions and duties.

Subject to this Act, the Commission may regulate its own procedures for performing its functions and duties as the Commission considers appropriate including, without limitation, its procedures for—

The Commission’s powers under this section include, without limitation, the power to specify how a person may make an application to the Commission.

The Commission’s procedures must be consistent with the rules of natural justice and the principles of the Treaty of Waitangi (te Tiriti o Waitangi).

The Commission must make its procedures publicly available, in the manner it considers appropriate.

The Commission must act independently, impartially, and fairly in performing its functions and duties and exercising its powers under this Act.

The Commission may refer a conviction or sentence to the appeal court if the Commission, after reviewing the conviction or sentence, considers that it is in the interests of justice to do so.

In deciding whether to refer a conviction or sentence, the Commission must have regard to—

The appeal court to which a conviction may be referred is—

The appeal court to which a sentence may be referred is—

The Commission, when referring a conviction or a sentence to the appeal court, must give the court a statement of its reasons for the referral.

The appeal court to which the Commission refers a conviction or sentence must hear and determine the matter as if it were a first appeal against the conviction or sentence.

An eligible person or a representative may apply to the Commission for it to refer a conviction or sentence to the appeal court.

An application may be made in the manner required by the Commission.

The Commission may accept an application made by a person in a representative capacity if the Commission is satisfied that the person is authorised to act as the eligible person’s representative.

The Commission may decide to take no action, or take no further action, in relation to an application if—

The Commission may decide to investigate the conviction or sentence to which an application relates.

See subpart 2 (which provides for the Commission’s powers and duties concerning investigations) and subpart 6 (which provides for the protection of information gathered as part of the Commission’s investigations).

The Commission must, as soon as practicable after making a decision under section 17 or 24, give written notice of the decision, with the reasons or a summary of the reasons for the decision, to—

The Commission must, as soon as practicable after notifying those persons, make its decision, and the reasons or a summary of the reasons, publicly available in the manner that the Commission considers appropriate.

The Commission may make initial inquiries into a conviction or sentence on its own initiative if it is satisfied that those inquiries are in the public interest.

As soon as practicable after starting to make any initial inquiries under this section, the Commission must—

If the eligible person does not consent, the Commission must not investigate further and cannot exercise its power to refer the conviction or sentence to the appeal court under section 17.

In this section, initial inquiries means investigative actions that do not involve the Commission exercising any of its powers under sections 32 and 33.

The Governor-General may transfer an application for the exercise of the Royal prerogative of mercy to the Commission if the Governor-General considers that the application is sufficiently connected with the Commission’s primary function or would more appropriately be dealt with as part of that function.

The Commission must treat an application transferred to it under this section as if it were an application to the Commission made under subpart 4.

The provisions of this Act apply accordingly.

The Minister of Justice may ask the Commission to provide an opinion on any matter arising in relation to the Royal prerogative of mercy.

The Commission must provide that opinion, in writing, to the Minister of Justice.

The Commission may exercise its powers under this Act, including its investigative powers under subpart 6, in relation to the request.

Nothing in this Act limits or affects the Royal prerogative of mercy.

The Commission may investigate a conviction or sentence under this Act as it considers appropriate.

In investigating a matter, the Commission may obtain from any person, under sections 32 and 33, any information that the Commission considers relevant to an investigation if the Commission—

Subsection (2) does not affect the ability of the Commission to access court documents in accordance with the rules of practice and procedure applying to the relevant court.

The Commission may, by written notice, require a person to—

The Commission may examine and make copies, take photographs, or create other records of documents or things produced or information provided under subsection (1).

Subject to sections 38 to 45, a person must comply with a notice given under this section.

The Commission may take evidence from a person by—

Subject to sections 38 to 45, a person must comply with a requirement to—

The Commission may apply to the District Court for orders against a person on the grounds that they have failed to comply with a requirement under section 32 or 33.

The court may, on the application of the Commission, make either or both of the following orders if the court is satisfied that the person has failed to comply with the requirement:

The court may require a person to produce documents or provide other information to the court for the purposes of determining an application under this section.

The court may make an order under this section subject to any conditions the court thinks appropriate.

A person who is, or has been, a member or an employee of the Commission, or a person appointed as a specialist adviser to the Commission, must not disclose any information obtained by the Commission unless the disclosure is authorised under section 36.

A person who wilfully contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $20,000.

This section does not affect an individual’s entitlement to request access to information under information privacy principle 6 set out in section 22 of the Privacy Act 2020.

The disclosures specified in subsections (2) and (3) are authorised and may be made at the discretion of the Commission and other persons as specified in those provisions.

The Commission may disclose information, or a member of the Commission may authorise the disclosure of information, if satisfied that the disclosure is reasonably necessary—

The Commission may disclose information, or a member of the Commission may authorise the disclosure of information, if a person with the right to consent to disclosure of that information gives that consent.

A member or an employee of the Commission, or a specialist adviser to the Commission, may disclose information to any other member or employee of, or specialist adviser to, the Commission, for the purpose of performing their functions or duties or exercising their powers in that capacity.

Nothing in the Official Information Act 1982 applies to any communication that has taken place between a member or an employee of the Commission and any person in relation to an investigation by the Commission.

Nothing in this Act requires a person to disclose to the Commission any communication or information—

Subsection (1) is subject to section 40.

If a person claims that a communication or information is protected or prevented from disclosure under subsection (1), the Commission may apply to a District Court Judge for any 1 or more of the following orders:

If the Judge determines that a communication or information is not protected or prevented from disclosure under section 38(1), the Judge may make an order for disclosure and any further order the Judge thinks necessary to ensure that the communication or information is disclosed to the Commission.

The Judge may, despite determining that a communication or information is protected or prevented from disclosure under section 38(1), order that the communication or information be disclosed to the Commission if the Judge is satisfied—

This section does not apply to a communication or information to which a protection of privilege under section 60 of the Evidence Act 2006 (privilege against self-incrimination) applies.

Section 68 of the Evidence Act 2006 applies in respect of a journalist and their employer—

Section 69 of the Evidence Act 2006 applies in respect of a communication and the information identified in subsection (1) of that section—

Section 70 of the Evidence Act 2006 applies in respect of a communication or information relating to matters of State—

An application for an order under section 41 or directions under sections 42 or 43 may be made by the Commission or by the person claiming that they are not compellable to disclose the relevant communication or information to the Commission.

A Judge may, for the purposes of considering an application or otherwise exercising a power under sections 38 to 43, require a person to produce documents or provide other information to the Judge.

An order, direction, or requirement made or given under subsection (1) or the sections referred to in that provision may be subject to any conditions the Judge thinks appropriate.

Any communication or information disclosed as a result of disallowance of a claim of privilege conferred by any sections 54 to 59 and 64 of the Evidence Act 2006, and any information derived from that disclosure, cannot be used against the holder of the privilege in a proceeding in New Zealand.

Where a person discloses a communication or information in compliance with an order of a Judge and any of sections 38 to 43, the person does not breach the relevant obligation of non-disclosure that would otherwise apply in respect of that communication or information.

An application to a District Court Judge for an order under this subpart is a civil proceeding for the purposes of the District Court Act 2016 and rules made under that Act.

An application to a High Court Judge under section 41 is a civil proceeding for the purposes of the Senior Courts Act 2016 and the High Court Rules 2016.

The members of the Commission are the board for the purposes of the Crown Entities Act 2004.

The Chief Commissioner holds office as chairperson of the board for the purposes of the Crown Entities Act 2004, for the same term as that person holds office as Chief Commissioner.

The Deputy Chief Commissioner holds office as deputy chairperson of the board for the purposes of the Crown Entities Act 2004 for the same term as that person holds office as Deputy Chief Commissioner.

Despite section 73 of the Crown Entities Act 2004 (ability to delegate), the Commission must not delegate the performance of its function of referring a conviction or sentence to the appeal court under section 17 of this Act.

Sections 120 to 126 of the Crown Entities Act 2004 apply to the Commission and the Commission’s members, employees, and specialist advisers.

This section is for the avoidance of doubt.

Sections 145(d) and 147 of the Crown Entities Act 2004 do not apply in relation to the Commission’s statement of intent.

Section 149H(d) and 149J of the Crown Entities Act 2004 do not apply in relation to the Commission’s final statement of performance expectations.

The Commission’s annual report under section 150 of the Crown Entities Act 2004 must include a report on how, and the extent to which, the Commission in performing its functions and duties has engaged with groups that appear to be disproportionately affected by the criminal justice system, including information on any initiatives it has undertaken with respect to such groups.

The enactments referred to in Schedule 2 are amended as set out in that schedule.