66
difficulties in the Law Commission that were encountered in the Womens
Access to Justice project.58
276. Mr Mel Smith, former Deputy Secretary of Justice, told the evaluator in his
written submission that:
The composition of the Commission and its employees has, since its inception at
Commissioner level and almost without exception at the employee level, been
made up of legally qualified people. Obviously one would expect that the
discipline of law would be the predominant discipline. There will be projects that
are really lawyers' law but the majority of projects I suggest are not. In the
majority of law reform projects the policy issues that need appropriate research,
analysis and development are much more comprehensive. The reform process is I
submit suffering badly through a lack of input within the Law Commission at both
Commissioner and employee levels, of other skills and experience.
277. The experience of the Securities Commission is relevant here. The Securities
Commission's 1988 recommendations for new takeover laws were never
implemented. Furthermore, the Takeovers Act 1994 which provided for the
Takeovers Panel to recommend a Takeovers Code turned out to be intensely
political. The Code was eventually deferred, after much internal debate within
Government.
278. There is a lesson to be learned from the experience. The Securities Commission
project started life as a legal proposal. But it turns out the fundamental
arguments were economic in character. That example highlights the need for an
interdisciplinary approach. Indeed, most regulatory proposals involve significant
elements of both law and economics.
279. The Securities Commission also has a law reform function. It includes persons
with legal, accounting, banking, business and sharebroking experience. It has an
economist on its permanent staff as well as highly qualified and expert
accountants.
280. That experience is also pertinent to the Law Commission.
281. It is, therefore, recommended that the Law Commission bring greater
interdisciplinary expertise to its deliberations.
58
Joanne Morris, NZLC SP1, Womens Access to Legal Services (June 1999).