PART FOUR: THE NEW ZEALAND LAW COMMISSION
Introduction
198. Part 4 of the Report focuses on the performance of the New Zealand Law
Commission (Law Commission) since its establishment in 1986, and ways in
which the structure, processes and position of the Law Commission within the
New Zealand Government system could be improved. Part 4 is the heart of the
Report. In accordance with the Terms of Reference, it contains the evaluators
view of:
(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?
199. The Law Commission describes itself as an independent, publicly funded,
central advisory body established by statute to undertake the systematic review,
reform and development of the law of New Zealand. The long title of the Act
says it is a central advisory body.
200. This description is expanded upon by former President of the Law Commission
Justice Sir Kenneth Keith50:
The Law Commission is established as a central body to promote the systematic
review, reform and development of the Law of New Zealand. It is not
established, as some law reform bodies are, simply to respond to ministerial
references. The Commission is to keep under review in a systematic way the law
of New Zealand the whole of the law. It can advise on reviews of the law
undertaken by departments and public bodies. And it can itself, on its own motion
or when requested, make recommendations for the reform and development of the
law.
[Emphasis added]
50
Sir Kenneth Keith, Philosophies of Law Reform (1991) 7 Otago LR 363, 373.