97
preceded the establishment of the Law Commission. One of these was that Law
Commission Reports should, under the Law Commission Act, have an
automatic first reading and introduction to Parliament, and be referred directly
to Select Committee for consideration. This proposal proved unacceptable to
the Cabinet of that day and the evaluators assessment is that it would prove
unacceptable to the Cabinet of this day. It is not recommended.
370. But, on the other hand, given the somewhat desultory consideration that has
been given to Law Commission Reports by successive Governments, there
needs to be some means of getting the Reports on the agenda so that they are at
least considered.
371. In the end, the only effective mechanism for progressing Law Commission
proposals is for the Government, on the basis that it supports the proposed
policy, to provide a place on the legislative programme each year for some Law
Commission projects.
372. The resources necessary to support the Governments legislative programme,
particularly drafting resources, are scarce. They need to be husbanded carefully.
Despite the expansion of Parliamentary Counsel Office in recent years it is still
not big enough for the insistent demands that are made upon it.
373. It is not feasible to bypass the Governments legislative programme and no
step is being recommended here that will have that result. But one
proposal that has been put to all the persons interviewed by the evaluator,
and which attracted no opposition and much support, was that the
Government should treat a Law Commission Report in the same way as it
treats a Select Committee Report.
374. Standing Order 248 of the Standing Orders of the New Zealand House of
Representatives (1999) provides as follows:
248. Government response to select committee reports
(1) The Government must, not more than 90 days after a select committee report
has been presented, present a paper to the House responding to any
recommendations of the committee which are addressed to it.
(2) No response under this Standing Order is required in respect of select
committee reports on bills, Supplementary Order Papers, questions of
privilege, Estimates, Supplementary Estimates and financial reviews of