29
towards radicalism, but easily capable of becoming enthusiastic for a reform whose
usefulness is demonstrated. Its strength stems partly from its widely-based
membership, and not least from the fact that the Minister himself personally
presides over all its deliberations. Though its decisions have no real operative
effect, and bind nobody, what is said in the course of discussion is said in the
presence of the Minister, who makes no bones about being influenced by the trend
of opinion in the Commission.
115. It should be noted that Turner J, as a member of the LR Commission, was not an
objective voice in relation to its operation. The LR Commission met only 12
times between 1965 and 1976, reflecting its lack of activity. This inactivity arose
out of the structure that had been established. The LR Commission was never
told what its tasks were when it was established, and it soon became evident that
nothing more was expected of the LR Commission other than to approve the
work of the Law Reform Committees. The purpose and functions of the LR
Commission were never set out in precise terms, so that each year it was a
struggle for it to find any tasks to perform. In addition, it appears that the
unwieldy size of the organisation hindered the LR Commission, as it had its
predecessor.26
116. Thus, in 1975 the LR Commission was replaced by the Law Reform Council
(the Council) whose membership consisted of the Attorney General, Solicitor
General, Chief Parliamentary Counsel, Secretary for Justice and the
Chairpersons of the five standing Law Reform Committees.
117. The purpose of the Council was to provide a forum for discussions among the
Chairpersons, to give the Chairpersons direct and informal access to the
Government, and to make suggestions over the broad field of law reform. The
Council also reviewed matters being considered by the Law Reform Committees,
and gave indications of the priority to be accorded to each matter.
118. The two-tiered system, of the Law Reform Council, and the Law Reform
Committees continued working and producing legislative reforms until 1986.
During this time the committee system produced nearly 150 published reports.
According to the analysis of one author over 60% of these reports passed into
legislation in New Zealand, in whole or in part.27 It is fair to say that the Law
26
David B Collins, above n24, 444.
27
G Hammond The Part-Time Law Reform Committees: An Overview (1988) 13 NZULR 135,
136.