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Change in Approach to Law Reform
30. A fundamental change of attitude to law reform in New Zealand is required.
Law reform has been neglected in recent years. New Zealand will suffer if
proper repairs and renovations to its statute laws are not performed. The law
needs to be kept up to date to reflect developments in new technology and
business practices. New Zealand is probably falling behind its trading partners
in this respect.
31. The Attorney-General should be explicitly tasked with overall responsibility for
the legal system and its operations. The Law Commission should be transferred
to the Attorney-General away from the Ministry of Justice. The Attorney-
General will then be the Minister for Law Reform. Necessary legal changes
should then receive the required impetus.
32. There needs to be a renewed commitment to the values that underpin the law
reform enterprise, and that is one of the prime reasons why it is recommended in
this Report that a Minister should be given that specific responsibility.
33. There has been a loss of focus in the Government machine on law reform, and
society has suffered as a result. There needs to be a Minister with responsibility
for law reform and a Minister who can speak for law reform in the councils of
the Government. In this context the word "reform" should not be
misunderstood. Care and maintenance of the statute book does not always
involve policy changes. Keeping the law up to date is important for the
commercial life of the country and for the better functioning of society.
34. The Law Commission should not be restricted to reform projects within the
Justice Portfolio. In the past its work has been disproportionately weighted in
that direction. The Attorney-General should call for proposals for Law
Commission projects from all Ministers.
Relationship between the Law Commission and Executive Government
35. The principal failure of the Commission throughout its life has been an inability
to develop effective working relationships with the Executive Government. The