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282. In recommending this, the evaluator is in no way trying to dilute the importance
of legal analysis or legal principle in the deliberations of the Law Commission.
As the former Minister of Justice, Tony Ryall, said in an interview with the
evaluator the Commissioners are a distinguished body of jurists. For that reason
he felt that the Law Commission was a useful place for the Government to direct
knotty legal problems that it encountered.
283. A former Commissioner Professor Richard Sutton also made the point in written
comments to the evaluator:
I think all this implies that the primary expertise Commissioners need is in law.
They must be aware, and be able to articulate at the drop of a hat, the demands and
limitations of law and legislation. They should also have a sufficient general
knowledge of law to appreciate when a proposed reform has wider legal
ramifications. To that end, they should be able, when confronted with complex
sets of laws, to discern what is essential and what is peripheral. This allows them
to direct further research where necessary, and (even more importantly) to redirect
research when it has become useless or irrelevant. And they need to have
sufficient legal skill and credibility to deal with the kind of petty objections
professionals often make when confronted with change. Put more positively, they
will have to persuade lawyers that theres a better way.
284. Securing interdisciplinary expertise may not be easy. Recruiting the appropriate
people will require care. It can be achieved by four routes:
· appointment of a Commissioner;
· appointment of researchers;
· the use of consultants;
· a combination of the above.
Matching the expertise to the project is also important. The evaluator believes
the development of such interdisciplinary work is the key to future law reform in
New Zealand.
Project Size
285. There is a further recommendation related to the multidisciplinary angle of
approach. It relates to the size of the projects that the Law Commission takes on.
286. The Statute Book of New Zealand is vast. It has more than 700 statutes upon it.
All Departments and Ministries have some concern with legislation. There is no