95
358. The evaluation has dwelt a good deal on what practical mechanisms might be
available to advance the co-operation and co-ordination required in the
reciprocal way outlined by the Chief Parliamentary Counsel.
Minister for Law Reform
359. The question arises whether it is appropriate to designate a Minister with
specific responsibilities for the Legal System who has responsibilities across the
whole range of Government and the Statute Book, who is on the lookout for law
reform projects, and who takes up some responsibility for implementing them.
The Minister most connected with responsibility for operation of the Legal
System is the Attorney-General.
360. Given the experience the Law Commission has had since its inception, and
given the silo effect of the New Zealand Government that has increased since
the State Sector reforms, it would in the evaluators view be a positive
development to give the Attorney-General this overall responsibility.
361. From a practical point of view, the Attorney-General would carry out these
responsibilities by each year asking his or her departmental colleagues for bids
for use of the Law Commissions time on a reference that will be of interest to
those Ministers. Those bids could be evaluated by the Attorney-General and
discussed with the Law Commission and a set of references could then be
settled.
362. Given the relative lack of activity on law reform in recent years in New Zealand
and the balkanised character of responsibility for law's empire within the New
Zealand Government, it should be made clear that the Attorney-General is the
Minister responsible for the operation of the legal system.
363. The evaluator notes that to some extent the new Government has already moved
down the path towards a Minister responsible for Law Reform, by delegating
some responsibility for law reform to the Associate Minister of Justice, the Hon,
Margaret Wilson. In the Ministerial delegations the Associate Minister of
Justice is responsible for Law reform, in areas other than commercial or