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considers that Parliament diminishes itself when it does not perform that
function.
312. The Law Commission has highlighted three unimplemented Law Commission
Reports to the evaluator which focussed not on issues of immediate political
urgency but on the long term, often unexciting, but essential basics such as:
· Property Law of every day commercial importance (to get rid of
medieval provisions).
· Habeas Corpus our basic protection against abuse of the citizen (where
the statutes date back to 1640).
· Wills which affect almost every member of society (where the statute
was enacted in 1837).
313. Another former Commissioner, Jack Hodder, stated that if the Law Commission
is not effective in securing legislative reform, then it is more likely that the
Courts will see themselves as the agent of change in the community and this
will diminish the role of the Law Commission and encourage Judges to be both
active and creative in making law themselves. Yet the creation of the Law
Commission had originally been a vote in favour of statute law over Judge-
made law. The Law Commission stands to lose its status if it is not seen to be
effective at reviewing, renovating and reforming the whole of the law.
314. The Law Commission expanded on this view of the role of the Law
Commission in achieving law reform in the following statement to the
evaluator:
Finally, there is a vital need for the grand view:
· That our laws reflect the needs and aspirations of every New Zealander
-
to feel part of our society
-
to be able to have individual distinctiveness recognised and respected
· Of the role of New Zealand, its needs and its capacity, to play a part in the
global society.
· The current and coming debate about New Zealands laws and institutions
requires contribution from the Law Commission.