20
Law Reform Prior to 1937
76. The Parliament of New Zealand first met in 1854, although it was not until 1856
that it began examining and passing legislation.1 From 1854 to 1937 there were
no formal structures established to support law reform. Consequently, legislative
change was haphazard and sporadic. Despite this unevenness, Parliament was
still willing to make fundamental reforms in many areas of the law, particularly
during the foundation period of the country and from 1875-1910.
77. For example, it was during this active period that the land transfer system was
introduced.2 Considerable advances were also made in family law in the areas of
adoption, legitimation by subsequent marriage and family protection. The
criminal law was codified, and a new code of civil procedure was introduced.
Other areas of the law tended to remain static.
78. Much of the legislation passed during this time derived either from an English
statute or another Australasian colony.3 Many statutes were copied verbatim
from Britain, particularly in the area of commercial law.4 It was not unknown for
New Zealand to pioneer reforms before both Britain and Australia, but in many
cases New Zealand copied reforms first established in Australia. The States of
New South Wales, South Australia and Victoria were particularly influential.5
79. After 1910 the New Zealand Parliament entered a more conservative period
where law reform activity consisted mostly of Parliament tweaking English law
rather than drafting new legislation, or departing from English precedents.6
Legislative reform continued but the pace and originality decreased leading to
dissatisfaction over the failure of the law to keep up with changes in society.7
1
P Spiller, J Finn, R Boast A New Zealand Legal History (Brookers Limited, Wellington, 1995)
109.
2
Above n1, 112.
3
Above n1, 109-111.
4
J R Hanan The Law in a Changing Society: A Policy and Programme for Law Reform
(Wellington 1965), 5; above n1, 94, 97-98, 102, 105-107, 109-111; B J Cameron The Law
Reform Committees 1966-86 (1988) 13 NZULR 123, 124.
5
Above n1, 88, 94, 109, 114, 116.
6
Above n1, 112.
7
J R Hanan, above n4.