| Te Kāhui Tātari Ture | |
| Agency overview | |
|---|---|
| Formed | 1 July 2020 |
| Jurisdiction | New Zealand |
| Headquarters | Hamilton, New Zealand |
| Minister responsible | |
| Agency executive |
|
| Parent department | Ministry of Justice |
| Website | www.ccrc.nz |
The New Zealand Criminal Cases Review Commission (branded as Te Kāhui Tātari Ture | Criminal Cases Review Commission) is an independent Crown entity that was set up under the Criminal Cases Review Commission Act 2019 to investigate potential miscarriages of justice. If the Commission considers a miscarriage may have occurred, it can refer the case back to the Court of Appeal to be reconsidered.[1]
The Commission came into being on 1 July 2020.[2][3] It replaces the Royal Prerogative of Mercy (RPM) whereby the Governor-General, following a review of the case by the Ministry of Justice, could pardon the defendant or recommend the Appeal Court reconsider the case. However, the Commission does not have the power to pardon or quash a conviction.
The need for an independent commission arose because of a growing number of high profile miscarriages of justice in New Zealand and concerns that the Ministry of Justice is not independent of the Crown or the judiciary – with the result that the granting of pardons by the Governor-General has been extremely rare in New Zealand. The last person to receive such a pardon was Arthur Allan Thomas in 1979. Since 1995, only 15 cases out of 166 applications for the RPM were sent back to the courts for further consideration.[4]
The Commission is based in Hamilton in order to increase its independence from the Crown and government agencies in Wellington and Auckland. It is governed by a board of appointed commissioners. It employs specialist staff with the mandate to investigate possible miscarriages of justice, but does not decide innocence or guilt.[5] The National Party opposed its establishment.[6]