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254. One former Commissioner thinks the Law Commission Act was overly
ambitious and it created an impression of achievements that cannot be effectively
carried out. Thus, what the Law Commission Act provides is not actually being
done there is not really any systematic review going on.
255. Other Commissioners, both former and present, feel that the Law Commission
Act was well constructed and is still relevant. The Chief Parliamentary Counsel,
in a thoughtful written statement, told the evaluator:
The systematic reform of the countrys law, whether it is the common law or the
statute, is necessary to ensure that the law remains relevant and continues to serve
society. Rapid changes in social attitude and values, institutions, practices, and
technology have only increased the need for the law to keep pace. Law reform can
also lead desirable change. A body such as the Law Commission is able to play a
major role in reviewing the law and legal institutions, identifying areas requiring
change, and recommending appropriate reforms.
256. The opinion of Chief Parliamentary Counsel is entitled in the evaluators opinion
to great weight. His office has the burden of drafting all the important laws and
producing the New Zealand Statute Book. The systematic review of the law by
the Law Commission is designed to ensure that the Statute Book is kept up to
date and relevant to modern society. The issue of keeping the law contemporary
is intimately tied to the issue of public access to what is increasingly complex
and dynamic legislation, as recently discussed in a Report to Parliamentary
Counsel Office by PricewaterhouseCoopers on Improving Public Access to
Legislation.53
257. The Chief Justice, Dame Sian Elias, also a former Commissioner, told the
evaluator that she favours the Law Commission conducting an overall review of
the laws of New Zealand. As a means of achieving this she suggested that an
Annual Report should be prepared on the systematic review of the law,
where general observations could be made about defects in the pattern of
New Zealand law. The evaluator considers this to be a worthwhile idea.
258. The present Commissioners, in their meetings with the evaluator, made clear that
they consider none of the problems they encounter are attributable to the Law
Commission Act. They do not think any legislative change is necessary.
53
PricewaterhouseCoopers, Improving Public Access to Legislation (December 1999).