32
The Law Commission
123. At the time that the LR Commission and Law Reform Committees were
established a conscious decision was made not to establish a full time Law
Commission. The member of the judiciary on the LR Commission, Turner J,
agreed with this position in 1969 stating:34
If it is said that this professionally streamlined machine [the English Law
Commission] must be vastly more efficient than our own amateur apparatus, it may
be replied that the situation in any given country often tends to generate the kind of
solution which on the whole fits that situation best. As a matter of pure expense
New Zealand cannot afford five men of the calibre of the English Commissioners,
dealing with law reform exclusively as a full time fully paid job; nor does the
legislative situation in this country call for such expensive machinery.
124. But this position was beginning to be questioned in the 1970s. In 1973 the
Wellington District Law Society held a seminar on The Machinery of Law
Reform in New Zealand at Victoria University, a report of which was published
in the New Zealand Law Journal.35 At this seminar both Mr D J White, and the
Hon A H Nordmeyer argued that a full time Law Commission was warranted in
New Zealand, albeit smaller than the English Law Commission. It was argued
that cost was not a problem as it was a reasonable charge on the taxpayer.
125. The arguments were canvassed again in an article in the New Zealand Law
Journal in 1976, the author arguing in favour of the establishment of a full time
Law Commission.36 By the 1980s the New Zealand Law Society was also in
favour of a full time Law Commission.37
126. Support for a full time, independent, law reform agency was bolstered by the
establishment of full time law reform agencies in Canada (the Ontario Law
Reform Commission, established in 1964), the United Kingdom and Scotland in
1965, and the heavily researched publications coming out of these agencies.38
127. The Labour Party included the establishment of such an agency in its election
manifesto in 1984, but it was not until 1985, after the Labour Party was elected
to Government that the Law Commission Bill was introduced. The Bill was
passed in December 1985, and came into force early in 1986. Upon its
34
Above n22, 412.
35
Wellington Seminar on Law Reform, above n24.
36
David B Collins, above n24, 441.
37
465 NZPD 6586 (1985).