26
group of departmental officers. According to Hanan the system is in fact
characterised by a high degree of flexibility and empiricism".18
100. In this period the law reform responsibilities of the Department of Justice were
performed by the Advisory Branch, which also acted as the legal section of the
Department and therefore had very little time to spend on law reform revision.
101. In relation to the role of the Department of Justice the Hanan Report stated
(pages 22-23):
It is through the Department of Justice that the Governments role in law reform is
expressed, and that department should continue to have direct responsibility to
advise the Government on policy aspects of all proposals. In addition, the increase
in the amount and depth of law reform that is hoped for will require much more
time to be devoted to research, study and the detailed scrutiny of possible solutions
to a problem. Some of this can and doubtless will be done by the Universities and
by special consultants but much of it will remain a function of the department. The
resultant legislation will also place heavier burdens on the Law Drafting Office.
There is a need therefore for a considerable strengthening and expansion of the
Law Drafting Office and of the Advisory Branch of the Department of Justice.
102. In addition to the LR Committee and the Department of Justice there existed two
specialised committees.
103. The Rules Committee was established under section 2 of the Judicature
Amendment Act 1930. The membership of the Rules Committee consisted of the
Chief Justice, four other Judges of the Supreme Court, the Attorney-General, the
Solicitor-General, and three barristers or solicitors nominated by the Council of
the New Zealand Law Society. The concurrence of the Chief Justice and four
other members of the Rules Committee was required to make an Order in
Council altering the rules of the Code of Civil Procedure or prescribing new
rules relating to the practice and procedure of the Supreme Court or Court of
Appeal.
104. The second committee was the Company Law Advisory Committee, established
in 1963 under section 472 of the Companies Act 1955. The Secretary of Justice
chaired the Company Law Advisory Committee and its membership was made
up of representatives of the legal and accountancy professions, and the business
world. Its task was to consider and advise on problems, whether legal or
practical, that were referred to it by the Minister of Justice.
18
J R Hanan, above n4, 10.