85
315. There are many contributors to the New Zealand Statute Book besides the Law
Commission, but there are no other contributors with the Commissions overall
responsibility for looking at the whole product. In many ways that is a task
which remains, although some progress has been made towards it since 1985.
316. But law reform in whatever guise it appears attracts political controversy. It is
inevitable. The word reform as Justice Michael Kirby has said is a word of
approbation.63 Most reform proposals have to be expressed in a legislative
form. To effect change they must become Acts of Parliament. Yet the life of
legislation is uncertain; its passage is rocky and unpredictable.
317. In our constitutional arrangements in New Zealand proposals for change must
secure the approval of the Executive Branch of Government on most occasions
before they can be assured of Parliamentary passage. And to have any
durability the proposals need to be carefully worked out and this requires a lot
of effort.
318. The quickening pace of change in our lives brought on by science, technology,
globalisation and economic reform have all contributed to increasing
complexity and complication for law. Yet if the law is not up to date difficulties
ensue for ordinary citizens. Sometimes they can be quite dramatic.
319. As Justice Kirby puts it64:
But if the idea of reform is accepted in the battle of ideas, the law will submit and
become the servant of the new idea. It may even promote its acceptability in
society. When the new idea becomes law, it is clothed with the respectability and
authority of the acquiescence in the change by the representative legislature, the
powerful bureaucracy or the orthodox judiciary.
320. In New Zealand where there are few constraints upon the enactment of laws that
exist in many other countries, it is surprising that we have not done better in
reforming the law and keeping it abreast of modern demands. The Statute Book
has on it too many provisions that are extraordinarily difficult to work and
sometimes even to understand. In a country that does not have the restraints of
a written constitution and federalism, it is surprising that our statute law is so
unsystematic and sprawling.