86
321. On the other hand, it may be that the lack of formal constitutional arrangements
and legal frameworks in New Zealand have encouraged this legislative sprawl
to occur.
322. Legislation comes from many different sources and the bulk of it has its origins
in Government policy and proposals put forward by Government Departments.
In recent years Departments have operated to some extent as separate silos so
that the general shape of things is not so important as the particular agenda of
the particular Department.
323. There has been some loss in the ability to see the problems of legislation as a
whole in the same way that there has been in public administration and the
problems of seeing the task of co-ordinating the Government as a whole. And
while the New Zealand Law Commission is not restricted to references referred
to it by the Executive Government, it does need to be sensitive to the needs of
the Government of the day in deciding where to put its resources for the
production of proposals for change.
324. The methods that are required to produce high quality work also require a lot of
consultation with groups who may be affected by reform proposals. This can be
a time-consuming matter and New Zealand Parliaments have a three-year life.
The timeliness of proposals is therefore difficult to preserve if the work is to be
done as thoroughly as some of it needs to be done.
325. There is always a tendency when formulating proposals for change to fail to
consider rigorously all the options and analyse the state of the facts. Empirical
research can play an important role in law reform and in New Zealand, although
it is a simple country in which to do empirical research, too often it is never
done. It is therefore hardly surprising that reform proposals put forward with
the best intentions often end up causing consequences that were not intended.
326. The New Zealand Law Commission was a late arrival in terms of law
commissions in other Commonwealth countries. For a long time New Zealand
63
Michael Kirby, Reform of the Law (Oxford University Press, 1983) 7.
64
Above n61, 9.