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Justice projects for positions on the legislative programme. Not surprisingly,
more political items often gain preference.
330. There needs to be a fundamental change of attitude to law reform in New
Zealand. It really is a question of what are worthwhile activities in a modern
democratic state. Many of the laws that remain unreformed or unattended are
years out of date and impose difficulties for ordinary people. While that may
not be manifested in political representation, the effects on the society are
nonetheless real.
331. The Law Commission has commented to the evaluator that:
· The purpose of law reform is to preserve the fabric of the law and it is
unsatisfactory to decide on a need for repairs then leave the fabric to
decay further for a number of years before the repairs are actually carried
out. The lost opportunity cost is unacceptable.
· It is inefficient, if when a Report comes to be acted upon, those who
prepared it have long before left the Commission. For example it was in
1989 that the Commission recommended a Personal Property Securities
Act; a bill was introduced a decade later.
· It is also bad for morale to let Reports languish unaddressed for long
periods of time. Legal practitioners and others are willing to help if
something is likely to come of it, but not if the Report is likely to be left to
gather dust.
332. There needs to be a re-commitment to the values that underpin the law
reform enterprise, and that is one of the prime reasons why it is
recommended in this Report that a Minister should be given that specific
responsibility. There has been a loss of focus in the Government machine on
law reform, and society has suffered as a result. There needs to be a Minister
with responsibility for law reform and a Minister who can speak for law reform
in the councils of the Government. In this context the word "reform" should not
be misunderstood. Care and maintenance of the statute book does not always