INTRODUCTION
16. The Law Commission Act 1985 (Law Commission Act) was passed 15 years
ago. The Long Title states that it is an Act to establish a Law Commission as a
central advisory body for the review, reform, and development of the law of
New Zealand. The purpose of the Law Commission Act as set out in section 3
is to promote the systematic review, reform, and development of the law of
New Zealand.
17. In the 15 years that have passed since the passage of the legislation the Law
Commission has produced much valuable work. It has also spent, over the past
ten years, $36.8 million.
18. The need to evaluate the Law Commission may have been raised in the mind of
the Government by the 1999 Ministry of Justice Post-Election Briefing for
Incoming Ministers (1999 Briefing Paper). The 1999 Briefing Paper stated
that dissatisfaction with the legislative process had increased over the years, that
the volume of legislation was greater than Parliament could manage, and that
there was a frustration that routine technical Bills could not get passed (para
6.1).
19. The 1999 Briefing Paper observed
very little resource is attached to
prioritising and quality control of lawmaking. It also observed that of the 71
Bills carried over from the old Parliament to the new one after the election in
1999, 17 were justice sector Bills.
20. The 1999 Briefing Paper made a number of observations about the Law
Commission itself. It reported that the Law Commission regarded as its highest
priority the development of an improved process for implementing Law
Commission Reports:
However, there has been an historical disjunction between Commission and
Government priorities. Government priorities have not often yielded the
resources and time to consider Commission policy recommendations or the
legislative drafting resources required to implement recommendations. This has
raised fundamental questions about the role of the Commission and the status of
their Reports, given the $36.8 million spent in funding the Law Commission over
the past ten years.