π’ Criminal Cases Review Commission
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The establishment date of the Criminal Cases Review Commission is based on the commencement date of section 7 of the Criminal Cases Review Commission Act 2019, 3 April 2020, as set out under regulation 2(b) of the Criminal Cases Review Commission Act Commencement Order 2019 (LI 2020/12).
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Criminal Cases Review Commission website, https://www.ccrc.nz/ (accessed 7 September 2020).
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New Zealand Legislation website (Parliamentary Counsel Office), http://www.legislation.govt.nz/ (accessed 17 November 2019, 11 April 2020).
-
The official website of the New Zealand Government, https://www.beehive.govt.nz/ (accessed 17 November 2019, 11 April 2020).
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Ministry of Justice website, https://www.justice.govt.nz/ (accessed 22 November 2019).
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Establishment
The Criminal Cases Review Commission (CCRC) was established on 3 April 2020 pursuant to section 7 of the Criminal Cases Review Commission Act 2019 and the Criminal Cases Review Commission Act Commencement Order 2019 (LI 2020/12). The Commission's primary function replaced the power then exercised by the Governor-General under section 406 (prerogative of mercy) of the Crimes Act 1961.
Colin Carruthers QC was appointed the first Chief Commissioner of the CCRC for an 18-month term effective from 1 February 2020. The Chief Commissioner was supported by an Establishment Advisory Group, which provided advice on the CCRC's design to ensure consistency with the legislation. The members of the Group were:
- Professor Tracey McIntosh, Professor of Indigenous Studies and Co-Head of Te Wananga o Waipapa (School of Maori Studies and Pacific Studies) at the University of Auckland;
- Nigel Hampton CNZM, OBE, QC, criminal defence lawyer;
- Professor Elisabeth McDonald, Professor of Criminal Law, Evidence and Procedure at the University of Canterbury;
- Dr. Anna Sandiford, Senior Forensic Science Consultant and Director of The Forensic Group Limited;
- Dr. Tamasailau Suaalii-Sauni, Associate professor of Criminology at the University of Auckland;
- Tim McKinnel, investigator and previously a detective with New Zealand Police.
The Commission began receiving applications for review of convictions and sentences when it became operational on 1 July 2020.1
Functions and Responsibilities
The primary function of the Criminal Cases Review Commission was to investigate and review convictions and sentences and decide whether to refer them to the appeal court.
The Commission could refer a conviction or sentence to the appeal court if the Commission, after reviewing the conviction or sentence, considered that it was in the interests of justice to do so.
In deciding whether to refer a conviction or sentence, the Commission was required to have regard to:
- whether the eligible person had exercised their rights of appeal against the conviction or sentence; and
- the extent to which the application related to argument, evidence, information, or a question of law raised or dealt with in proceedings relating to the conviction or sentence; and
- the prospects of the court allowing the appeal; and
- any other matter that the Commission considered relevant.
The Commission was empowered to initiate and conduct inquiries into general matters. If, in the course of performing its functions and duties under the Act, it identified a practice, policy, procedure, or other matter of a general nature that it considered related to cases involving a miscarriage of justice or had the potential to give rise to such cases, it was required to:
- conduct an inquiry into the matter on its own initiative if it was satisfied that an inquiry was in the public interest;
- provide a written report on the inquiry, including the Commission’s findings and any recommendations it wished to make, to the Minister of Justice.
The Minister of Justice, as soon as practicable after receiving the report, was required to present it to the House of Representatives.
CCRC also had a duty to promote public awareness of its functions.
The Commission regulated its own procedures for performing its functions and duties. Those procedures included:
- obtaining information;
- conducting interviews or examinations, or taking evidence by other means, including oath or affirmations;
- disclosing information obtained in the course of an investigation;
- giving its opinion to the Minister of Justice, as outlined under the Criminal Cases Review Commission Act;
- notifying and interacting with victims of crime, where appropriate, when considering a conviction or sentence;
- handling any complaints to the Commission about its actions, processes, or procedures.
It was also empowered to specify how a person could make an application to the Commission.
The Commission's procedures were required to be consistent with the rules of natural justice and the principles of the Treaty of Waitangi-te Tiriti o Waitangi.
Structure
The Criminal Cases Review Commission was an independent Crown entity for the purposes of the Crown Entities Act 2004.
CCRC consisted of the following members:
- a Chief Commissioner;
- a Deputy Chief Commissioner;
- at least 1 and not more than 5 other Commissioners.
The role and accountability, and appointment, removal, and conditions of members, were made pursuant to the Crown Entities Act.
At least one member was required to have knowledge or understanding of te ao Maori and tikanga Maori, and a minimum of one-third of the members had to be legally qualified (i.e. held a practising certificate as a barrister or as a barrister and solicitor for not less than 7 years; or had been admitted as a barrister, solicitor, barrister and solicitor, advocate, or attorney by a senior court in another country and had practised as such in that country for not less than 7 years).
At least two-thirds of the members were required to have had experience in working in the criminal justice system or have other knowledge or expertise relevant to the Commission's functions and duties, which included experience, knowledge, or expertise acquired overseas.
The Commission was authorised to 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.
Footnotes:
- Next steps in Criminal Cases Review Commission announced, The official website of the New Zealand Government, https://www.beehive.govt.nz/release/next-steps-criminal-cases-review-commission-announced (accessed 11 April 2020).
Show History
Establishment
The Criminal Cases Review Commission (CCRC) was established on 3 April 2020 pursuant to section 7 of the Criminal Cases Review Commission Act 2019 and the Criminal Cases Review Commission Act Commencement Order 2019 (LI 2020/12). The Commission's primary function replaced the power then exercised by the Governor-General under section 406 (prerogative of mercy) of the Crimes Act 1961.
Colin Carruthers QC was appointed the first Chief Commissioner of the CCRC for an 18-month term effective from 1 February 2020. The Chief Commissioner was supported by an Establishment Advisory Group, which provided advice on the CCRC's design to ensure consistency with the legislation. The members of the Group were:
- Professor Tracey McIntosh, Professor of Indigenous Studies and Co-Head of Te Wananga o Waipapa (School of Maori Studies and Pacific Studies) at the University of Auckland;
- Nigel Hampton CNZM, OBE, QC, criminal defence lawyer;
- Professor Elisabeth McDonald, Professor of Criminal Law, Evidence and Procedure at the University of Canterbury;
- Dr. Anna Sandiford, Senior Forensic Science Consultant and Director of The Forensic Group Limited;
- Dr. Tamasailau Suaalii-Sauni, Associate professor of Criminology at the University of Auckland;
- Tim McKinnel, investigator and previously a detective with New Zealand Police.
The Commission began receiving applications for review of convictions and sentences when it became operational on 1 July 2020.1
Functions and Responsibilities
The primary function of the Criminal Cases Review Commission was to investigate and review convictions and sentences and decide whether to refer them to the appeal court.
The Commission could refer a conviction or sentence to the appeal court if the Commission, after reviewing the conviction or sentence, considered that it was in the interests of justice to do so.
In deciding whether to refer a conviction or sentence, the Commission was required to have regard to:
- whether the eligible person had exercised their rights of appeal against the conviction or sentence; and
- the extent to which the application related to argument, evidence, information, or a question of law raised or dealt with in proceedings relating to the conviction or sentence; and
- the prospects of the court allowing the appeal; and
- any other matter that the Commission considered relevant.
The Commission was empowered to initiate and conduct inquiries into general matters. If, in the course of performing its functions and duties under the Act, it identified a practice, policy, procedure, or other matter of a general nature that it considered related to cases involving a miscarriage of justice or had the potential to give rise to such cases, it was required to:
- conduct an inquiry into the matter on its own initiative if it was satisfied that an inquiry was in the public interest;
- provide a written report on the inquiry, including the Commission’s findings and any recommendations it wished to make, to the Minister of Justice.
The Minister of Justice, as soon as practicable after receiving the report, was required to present it to the House of Representatives.
CCRC also had a duty to promote public awareness of its functions.
The Commission regulated its own procedures for performing its functions and duties. Those procedures included:
- obtaining information;
- conducting interviews or examinations, or taking evidence by other means, including oath or affirmations;
- disclosing information obtained in the course of an investigation;
- giving its opinion to the Minister of Justice, as outlined under the Criminal Cases Review Commission Act;
- notifying and interacting with victims of crime, where appropriate, when considering a conviction or sentence;
- handling any complaints to the Commission about its actions, processes, or procedures.
It was also empowered to specify how a person could make an application to the Commission.
The Commission's procedures were required to be consistent with the rules of natural justice and the principles of the Treaty of Waitangi-te Tiriti o Waitangi.
Structure
The Criminal Cases Review Commission was an independent Crown entity for the purposes of the Crown Entities Act 2004.
CCRC consisted of the following members:
- a Chief Commissioner;
- a Deputy Chief Commissioner;
- at least 1 and not more than 5 other Commissioners.
The role and accountability, and appointment, removal, and conditions of members, were made pursuant to the Crown Entities Act.
At least one member was required to have knowledge or understanding of te ao Maori and tikanga Maori, and a minimum of one-third of the members had to be legally qualified (i.e. held a practising certificate as a barrister or as a barrister and solicitor for not less than 7 years; or had been admitted as a barrister, solicitor, barrister and solicitor, advocate, or attorney by a senior court in another country and had practised as such in that country for not less than 7 years).
At least two-thirds of the members were required to have had experience in working in the criminal justice system or have other knowledge or expertise relevant to the Commission's functions and duties, which included experience, knowledge, or expertise acquired overseas.
The Commission was authorised to 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.
Footnotes:
- Next steps in Criminal Cases Review Commission announced, The official website of the New Zealand Government, https://www.beehive.govt.nz/release/next-steps-criminal-cases-review-commission-announced (accessed 11 April 2020).
The establishment date of the Criminal Cases Review Commission is based on the commencement date of section 7 of the Criminal Cases Review Commission Act 2019, 3 April 2020, as set out under regulation 2(b) of the Criminal Cases Review Commission Act Commencement Order 2019 (LI 2020/12).
- Criminal Cases Review Commission website, https://www.ccrc.nz/ (accessed 7 September 2020).
- New Zealand Legislation website (Parliamentary Counsel Office), http://www.legislation.govt.nz/ (accessed 17 November 2019, 11 April 2020).
- The official website of the New Zealand Government, https://www.beehive.govt.nz/ (accessed 17 November 2019, 11 April 2020).
- Ministry of Justice website, https://www.justice.govt.nz/ (accessed 22 November 2019).
- District Court Act 2016
- Crown Entities Act 2004
- Criminal Procedure Act 2011
- Criminal Cases Review Commission Act 2019
- Legal Services Act 2011
- Victimsβ Rights Act 2002
- Senior Courts Act 2016
- Criminal Cases Review Commission Act Commencement Order 2019 (LI 2020/12)
- Official Information Act 1982
- Public Records Act 2005
- Ombudsmen Act 1975
- π DA722
- π Justice (1870 ‑ )
- π Realm of New Zealand (2020 ‑ )