11
Our report entitled the Review of Regulatory Framework for the Sale
and Supply of Liquor: Part 1: Alcohol Legislation and the Conscience Vote
(NZLC R106) is the first of three reports to be produced in the liquor
project. The conscience vote has long been a feature of the Parliamentary
process in relation to alcohol legislation and our report suggests that
this practice, where Members of Parliament cast their votes free
from the usual expectation of party discipline, can reduce the
quality and effectiveness of the alcohol laws that Parliament enacts.
However, as the use of the conscience vote is not a matter for the
Executive Government the Commission makes no recommendations to
it in our report.
The publication of our study paper covering the development of a unified
tribunal framework (
in which we collaborated with the Ministry of Justice (MOJ). The paper
examines a range of different options for reforming New Zealand’s
system of tribunals. It proposes a new unified tribunal service led by a
District Court Judge and a new legislative framework which will provide
a consistent set of powers, rights of appeal, and rules of procedure for
all New Zealand’s tribunals. The proposals for reform were developed
in conjunction with the MOJ after a careful assessment of the existing
problems faced by tribunals and an examination of the ways in which
some other countries have dealt with similar problems. The paper
also contains the Law Commission’s proposals for the proposed
legislative framework. Further work is needed to develop this aspect
of the framework, and although the project per se is now complete,
the Commission is looking to receive comment on this aspect of the
study paper’s proposals.
The publication of eight issues papers was also a significant achievement
in this year’s work programme. With the exception of the Review of
Prerogative Writs (NZLC IP9), these papers were all well received and
the Commission will be publishing final reports in 2009/10 following
the analysis of submissions and the development of final policy and
legislative proposals. The full list of issues papers published during the
financial year is included in the
Implementation of Law Commission reports
The financial year was also characterised by the amount of work done
to contribute to the implementation of recommendations from previous
reports. Significant resources were expended in the development of
a Bill implementing the recommendations in our 2007 search and
surveillance report, S
(NZLC R97), and the
development of a new Criminal Procedure Act building on our 2005 report,
Criminal Pre Trial Processes: Justice Through Efficiency