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TERMS OF REFERENCE
1.
By letter dated 29 February 2000 Geoffrey Palmer was requested by the
Associate Minister of Justice, the Hon. Margaret Wilson, to evaluate the Law
Commission on the following terms:
Terms of Reference
· To evaluate the performance of the Law Commission in the fifteen years
since the passage of the Law Commission Act 1985, and to report to the
Associate Minister of Justice (Hon Margaret Wilson), having regard to:
(a) The Commissions strengths and achievements;
(b) Any weaknesses that may exist in the Commissions structure, legislative
mandate or performance;
(c) The relationship of the Commission to Ministers, the Ministry of Justice,
and the government system generally;
(d) Whether any improvements could be made, and if so, what?
· To examine and report on the following questions:
(a) What has the Commission produced since it has been in existence?
(b) How many of its reports have led to parliamentary enactments?
(c) How does the Commission relate to the Minister of Justice and the
Government?
(d) How is the division of responsibilities for law reform work allocated
between the Ministry of Justice and the Commission?
(e) How efficient has the Commission been in using its resources?
(f) Has it achieved its statutory objectives?
(g) How do the statutory objectives stand up in light of experience?
(h) To what extent are the Commissions work programmes organised in
accordance with the Governments legislative priorities?
(i)What skills, experience, and qualifications are desirable in the Commission,
including the Commissioners themselves?
(j)What improvements, if any, could be made to the structure, processes and
position of the Commission within the New Zealand government system?
· To undertake qualitative interviews with selected members of the
Commission and seek the views of those individuals and representatives of
the institutions most closely connected with the work of the Commission as
identified in Appendix 1.
· Research trends in overseas law reform commissions in countries with legal
systems similar to New Zealands.
2.
The list of interviewees for the evaluation of the Law Commission is attached as
Appendix 1 to this Report.