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Statutory Framework for the Law Commission
201. The Law Commission Act had its origins in Labour Party policy formulated
before the 1984 election. The policy commitment was as follows:
Labour will appoint a full-time Law Reform Commission. The first priority will be
to recommend how New Zealands law can be made more understandable and
accessible to the general public.
202. The Commissioners who were to comprise the first Law Commission were
appointed before the Law Commission Act was even passed, and they assisted in
its design.
203. The statutory framework for the Law Commission under the Law Commission
Act suggests that the Law Commission is largely, but not entirely, independent
of the Government of the day and of Parliament.
Purpose
204. The purpose of the Law Commission Act is simple:
The purpose of this Act is to promote the systematic review, reform, and
development of the law of New Zealand.
205. There was a deliberate choice not to name the body the Law Reform
Commission. Its creators felt that the Commission had broader and wider
constitutional responsibilities than law reform, and that not everything the
Commission did should be concerned with reform.
Functions
206. The Law Commission has four principal functions under the Law Commission
Act (section 5). They are:
· To take and keep under review in a systematic way the law of New
Zealand.
· To make recommendations for the reform and development of the law of
New Zealand.