Analysis of Report Card
296. The report card reveals a number of features. Forty-six major Reports have
been produced by the Law Commission. Some of these are massive, like the
reference on the Companies Act59 and the Law of Evidence.60 Others are small,
like the project on Retirement Villages61 or the Report on Aspects of Damages:
The Award of Interest on Money Claims.62
297. It is significant that a number of these Reports were not designed to produce
legislation. There are eight Reports in that category. However, four of these
Reports have nevertheless produced reform of some sort, either by changes to
the Standing Orders of the House of Representatives, changes to Parliamentary
Counsel drafting style, or influence over related legislation.
298. Of the remaining Reports, the evaluators judgment is that 18 have made
changes ranging from minor to major to the New Zealand Statute Book. A
further 20 Reports have recommended new legislation but no legislation has yet
been passed by the Government. It is recognised that the Government has not
had sufficient time to consider and implement some of the Law Commissions
recent Reports which also fall into this category, and a further four Reports in
this category would be implemented if Bills currently on the Order Paper of
Parliament are passed.
299. Overall, the Law Commission has an implementation rate for its Reports of
approximately 48 percent. Some of the legislative achievements are laws of the
first rank in importance, but others are relatively minor matters.
300. The conclusion that must be reached is that the strike rate of the Law
Commission in getting significant law reform enacted on the Statute Book
has not been high, and it probably has not been high enough to justify the
expenditure of public moneys on the Commission. An average of one
59
NZLC R9, Company Law: Reform and Restatement (1989) and NZLC R16, Company Law
Reform: Transition and Revision (1990).
60
NZLC R55, Evidence (three volumes) (1999).
61
NZLC R57, Retirement Villages (1999).
62
NZLC R28, Aspects of Damages: The Award of Interest on Money Claims (1994).