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the Ministry of Justice is concerned to serve the Minister or Ministers of Justice.
The Ministry is a core Government Department; it has no independence. It must
assess its priorities in accordance with the Ministers wishes and it can carry out
only those activities which it has been funded in the Budget to do.
339. Officials of the Ministry of Justice are constantly involved in advising officials
and Cabinet Committees, particularly the Legislation Committee, on legislation,
its priorities and the changing agendas that Governments necessarily have.
340. From time to time the Law Commission contains people who are
knowledgeable in these areas of Government activity and understand the
Governmental processes closely. But often there is no such Commissioner and
no staff member either who has the requisite knowledge of the processes of
Executive Government and the legislative process that lies beyond the
Executive in Parliament. A personal network of connections within the policy
making portions of Government is necessary in order to fish productively in
these waters.
341. It is easy, in such a situation, to misunderstand what officials are saying and
think that the officials have an agenda of their own, when in fact the agenda
they usually reflect is that of their Ministers.
342. It is true that officials see more of Ministers than the Law Commission does and
their advice may be more influential in shaping the Governments priorities than
the Law Commission would wish it to be. But those are the realities of the way
the New Zealand system of Government works and they need to be taken on
board if the Law Commission is going to become more effective.
343. The essential insight to be derived from the Law Commissions experience is
that law reform is a political activity. It is carried out by politicians, and the
experts who advise on it can only advise; they do not decide.