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Environmental factors
The Commissionfs strategic approach to law reform takes account of
trends in the law and social factors that influence the development
of legal policy. Rapid changes in social attitudes and values, institutions,
practices, and technology have only increased the need for the law to
keep pace.
This section deals with environmental factors that are relevant to our
work over the next three years.
Globalisation and technology
Almost all business processes today are practised and applied within a
complex and dynamic global context. Increasingly New Zealand
manufacturing businesses are moving abroad. Technology innovations
provide real time communication capacity across time zones and
the rapid transfer of large quantities of information around the world.
These developments have significant implications for legal enforcement
and conflicts of laws, as we endeavour to align our regulatory
environments with those of our trading partners.
Insufficient scrutiny of legislation
The increasing globalization of the law and pressures arising
from international obligations create pressures for law making in
New Zealand that can result in insufficient scrutiny of legislation and
a lack of consideration regarding what is the most appropriate vehicle
for giving effect to policy. This can mean poorly designed or unnecessary
legislation, and over-regulation, giving rise to a body of law that is
incoherent and inaccessible and imposes excessive compliance co
Criminal justice pressures
Issues of crime and criminal justice are highly controversial. Much of
the public debate about the costs of crime, the reasons for crime and the
appropriate incentives and sanctions to deal with offenders is conducted
through the media. This in turn can give rise to demand for solutions
that are not supported by research or constructive engagement on
alternative approaches.
Complex policy environment
The process of policy development in New Zealand has become more
complex. It now requires policy to be analysed by various techniques
including economic analysis, cost/benefit analysis and analysis of
compliance costs that are imposed on businesses and the public by new
legislative proposals. Legal reforms must often be supported by empirical
