96
criminal law, such as family law, constitutional statutes, and access to justice
issues66. The Associate Minister is also responsible for the Law Commission.
364. However, this does not go far enough. It is recommended that the Law
Commission be transferred to the Attorney-General and the Attorney-
General be expressly designated Minister responsible for the legal system.
That way greater emphasis on necessary legal changes should receive the
required impetus.
365. This is not a recommendation for a new portfolio. Neither is it suggested that
the Attorney-General requires a new Department to carry out these
responsibilities. It is sufficient that the responsibility for the Law Commission
be given to the Attorney-General.
366. This is not a function that affects the Crown Law Office. The recommendation
is couched so as to avoid the feeling that everything that deals with the law has
to involve "reform". The proper operational proceedings of the legal system
often require the type of Ministerial oversight that does not lead to specific law
changes. Often it is merely changes in administration or processes.
367. One of the prime reasons for this recommendation from the point of view of the
Law Commission is to remove the Commission from the responsibility of the
Ministry of Justice, so that the history of dysfunctional relationships on both
sides is no longer an obstacle to progress.
368. The recommendation is further fuelled by the conviction that there is an
unfortunate series of divisions of responsibility for the conduct of legal matters
within the Government.67 But that is not a matter that lies within the purview of
this evaluation.
Increased Implementation of Commission Reports
369. There were, interestingly enough, some mechanisms for implementation of
Commission Reports considered during the period of policy formation that
66
Schedule of Responsibilities Delegated to Associate Ministers (February 2000).
67
Geoffrey Palmer, "The Provision of Legal Services to Government" (2000) 31 Victoria
University of Wellington Law Review 65.