61
248. It is stressed, however, that that examination should not be regarded as an excuse
for doing nothing or taking no decision until the Crown entity issues are
resolved.
Has the Law Commission Achieved its Statutory Purpose and Functions,
and How do these Objectives Stand Up in Light of Experience?
249. The purpose and functions as stated in the Law Commission Act seem relevant
to contemporary needs and conditions. Indeed, it could be argued they are as
relevant as they were when enacted. But it can also be said that the purpose of
the Law Commission is an ambitious one that has not been achieved.
250. In an article on the new Law Commission in 1986, the Rt. Hon Sir Owen
Woodhouse, first President of the Law Commission made the following
comment on the Commissions functions52:
[Section 5] is an ambitious authority, defining wide functions which speak
effectively for themselves. The subject matter is the entire field of the law of New
Zealand; and the functions taken together point to continuing oversight, to
avoidance of piecemeal solutions at the expense of coherent purposes and to the
need for law which is both up to date and comprehensible. In that situation it will
be important to work systematically while taking time as well to stand back so that
each project can be handled on the basis of broad and integrated principles.
251. The Law Commission has done some Reports that have reviewed the law in a
systematic way. It has also made Reports recommending the reform of the law
and its development. But opinions about the purpose and success of the
Commission amongst persons with whom the evaluator held discussions are
varied.
252. Some former Commissioners think that the direction the Law Commission has
been taking in recent times is not sufficiently bold or ambitious, and that it is not
doing what it was set up to do; it is really behaving more like its predecessors,
the old Law Reform Committees. The present Commission rejects this criticism
and points to its ground-breaking work on the e-commerce project and the
research on New Zealand juries.
253. The Commission also points out correctly that it cannot embark on ambitious
projects without a reference from or the support of the Government.
52
Sir Owen Woodhouse, The New Law Commission [1986] NZLJ 107, 109.