24
approach to law reform. This was acknowledged in New Zealand: The
Development of its Laws and Constitution published in 1967:13
For the most part the [Law Revision] Committee has called for reports in order to
decide matters for investigation, to review progress on matters under investigation,
and finally to make recommendations to the government. In approach, the
Committee has been empirical and it has not thought in terms of a far-reaching
comprehensive programme of law reform.
What appears to be sought is a more comprehensive and systematic approach and
certainly a more energetic one.
96. The size of the LR Committee was also a major restriction. By the 1960s the
Committee had 16-17 members making it inefficient and unwieldy.14 Although
theoretically members held office at the Ministers pl easure, in practice those
who were not ex officio remained indefinitely.15
97. Thus, while the LR Committee had been sufficient in the early years, it appeared
that it had not kept up with New Zealands legislative needs, which had
increased both in volume and complexity. The Hanan publication articulated a
wider vision for law reform16 positing the establishment of a Law Commission
for New Zealand, noting several advantages and disadvantages in this approach
and making various recommendations. In summary, Hanans recommendations
were:
(a) The Department of Justice should continue to be directly responsible for
advising the Government on policy aspects of all law reform proposals;
(b) That there is a need for considerable strengthening and expansion of the
Law Drafting Office;
(c) That the present LR Committee be reconstituted as a Law Revision
Commission, to allocate items to standing committees, special committees
or other bodies and to review progress annually;
12
J R Hanan above n4, 6.
13
J L Robson (ed) 2ed (Stevens & Sons, London, 1967) 496-497.
14
B J Cameron, above n4, 125. In 1965 the Committee comprised the Minister of Justice and
Attorney-General as the Chairman, 4 representatives of the New Zealand Law Society, one
representative from the faculty of law of each of the four universities teaching law (usually the
Dean of Law), a member of the Parliamentary Opposition, the Chairman of the Statutes
Revision Committee of the House of Representative, a former Member of Parliament who was
also a lawyer, a lawyer who formerly represented university teachers of law on the Committee,
the Solicitor-General, the Law Draftsman, and the Secretary for Justice, above n13, 493.
15
B J Cameron, above n4, 125.