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IP35 A New Crown Civil Proceedings Act For New Zealand
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Contents
General information
Foreword
Acknowledgements
Chapter 1 - Introduction
The reason for a new Crown Civil Proceedings Act
Principles for reform
Nature of this Paper
Chapter 2 - Why is a Crown Civil Proceedings Bill needed?
Introduction
The new Act and its limitations
One major conceptual change
The overall scope of the proposed statute
The relationship to general rules of civil procedure
Chapter 3 - Tort law and Crown liability
Introduction
Proposed direct liability in tort
The effect of employee immunity under other Acts
General restrictions on government liability
Chapter 4 - Relationship to public law
Introduction
Judicial review proceedings
Damages for administrative failures
Proceedings for compensation under the New Zealand Bill of Rights Act 1990
Approach in our draft Bill
Chapter 5 - Compulsory enforcement
Introduction
Current prohibition on mandatory orders against the Crown
Arguments for and against the current prohibition
Options for reform
Chapter 6 - Accountability of the Crown and its employees
Introduction
Accountability of the government in general
Liability of Crown employees
Accountability of Ministers
Chapter 7 - Disclosure and public interest immunity
Introduction
Current law
Principles
Law reform issues
What approaches have been taken overseas?
Options for reform
General discovery issues
Chapter 8 - Crown Civil Proceedings Bill and commentary
Introduction
Crown Civil Proceedings Bill Part 1 - Preliminary provisions
Crown Civil Proceedings Bill Part 2 - Substantive matters
Crown Civil Proceedings Bill Part 3 - Procedure and execution
Matters not to be covered in the new Act
Appendix A - Questions for submitters
Appendix B - Consultation
Next page
IP35 A New Crown Civil Proceedings Act For New Zealand
General information
Foreword
Acknowledgements
Chapter 1 - Introduction
The reason for a new Crown Civil Proceedings Act
Principles for reform
Nature of this Paper
Chapter 2 - Why is a Crown Civil Proceedings Bill needed?
Introduction
The new Act and its limitations
One major conceptual change
The overall scope of the proposed statute
The relationship to general rules of civil procedure
Chapter 3 - Tort law and Crown liability
Introduction
Proposed direct liability in tort
The effect of employee immunity under other Acts
General restrictions on government liability
Chapter 4 - Relationship to public law
Introduction
Judicial review proceedings
Damages for administrative failures
Proceedings for compensation under the New Zealand Bill of Rights Act 1990
Approach in our draft Bill
Chapter 5 - Compulsory enforcement
Introduction
Current prohibition on mandatory orders against the Crown
Arguments for and against the current prohibition
Options for reform
Chapter 6 - Accountability of the Crown and its employees
Introduction
Accountability of the government in general
Liability of Crown employees
Accountability of Ministers
Chapter 7 - Disclosure and public interest immunity
Introduction
Current law
Principles
Law reform issues
What approaches have been taken overseas?
Options for reform
General discovery issues
Chapter 8 - Crown Civil Proceedings Bill and commentary
Introduction
Crown Civil Proceedings Bill Part 1 - Preliminary provisions
Crown Civil Proceedings Bill Part 2 - Substantive matters
Crown Civil Proceedings Bill Part 3 - Procedure and execution
Matters not to be covered in the new Act
Appendix A - Questions for submitters
Appendix B - Consultation
Next page