83
Commission Reports since August 1997. The evaluator has reviewed these
efforts. Material relating to them is set out in Appendix 4.
Reasons for Low Implementation Rate
307. There are a number of reasons for the comparative paucity of the Commissions
legislative record. It is hard to isolate the weight to be given to each of them,
but all are contributing causes of the problem.
308. The record led one former Commissioner, who is also a former Deputy
Secretary of Justice and perhaps the person who has been connected with more
law reform in New Zealand in modern times than anyone else, Mr B J Cameron,
to say in a written statement to the evaluator:
The Commission has produced much valuable work. In my judgment however it
has been a failure in the sense that its results in terms of legislation or
administrative change have not been proportionate to the amount of public money
spent on it. The reasons for this are I think both internal and external.
Loss of Focus on Law Reform
309. Mr Camerons first reason has to do with the problems outlined earlier
concerning the dwindling influence of the law in Government. As he puts it:
The Commissions failure has been primarily the failure of law reform. Since the
mid-eighties the political climate for law reform has turned bleak. This has
affected not only Commission proposals for change but the efforts of the Ministry
(formerly Department) of Justice to promote legislation. I sense that the will for
reform, which was strong though uneven since the appointment of Mason as
Attorney-General and Minister of Justice in 1935, has withered. The reason why
so many of the Commissions recommendations have languished does not lie in
their radical or impractical nature. They have by and large been pragmatic and
cautious. The causes surely go deeper; to the lack of interest or influence of
Ministers of Justice and to Parliamentary preoccupation with other matters such as
privatisation and restructuring. There are doubtless other causes.
310. The loss of interest is in law reform generally, and that certainly needs to be
addressed at a political level.
311. Rt Hon Justice Peter Blanchard, also a former Commissioner and now a Judge
of the Court of Appeal, told the evaluator that in his view, politicians seem so
concerned with political matters that they have forgotten their obligations to
devote time to the interests of the wider community in getting non-contentious
technical legislation altered as requirements change. Justice Blanchard