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This does not mean the government must adopt every recommendation the
Commission makes. The government should evaluate and decide whether it
agrees with particular proposals. Liaison with the government in the process of
developing a specific law reform initiative should avoid unnecessary work and
frustration. This is recognised in part in Section 7 of the Law Commission Act
1985. But again, the mechanisms for delivery are not operating as effectively as
they might.
The Provision of Drafting Resources to the Law Commission
381. In recent times there have been serious discussions between the Law
Commission and Parliamentary Counsel Office as to the provision of drafting
resources to the Commission.
382. In the past, relationships between the two organisations have not been as good
as they might have been, especially during the early stages of the Law
Commissions life. But now they have become much more settled and
productive.
383. Traditionally, the Law Commission has either drafted some of its proposals into
legislative form from its own resources or retained private counsel with drafting
experience to do the job for the Commission under contract. These
arrangements, useful as they have been to the Commission, have not always
assisted the advancement of its legislative proposals, simply because the people
involved are not themselves New Zealand Parliamentary Counsel.
384. The President of the Law Commission made a written comment to the evaluator
on this point:
The history of Law Commission reports, with legislation drafted outside PCO, not
being implemented has given rise to a public expectation that serious comment
can wait until an actual Bill is submitted to the House. The fact that the Law
Commissions draft has been prepared outside PCO means that the work generally
has at least to be substantially reviewed and sometimes redrafted, entailing
substantial waste of public resources.
385. Parliamentary Counsel has made a bid in the Budget round to secure funds to
make a Parliamentary Counsel available to the Law Commission. This would
not be on the basis of a single Parliamentary Counsel seconded to the
Commission, but rather a different Parliamentary Counsel would work with the
Commission depending on the project for which the drafting was being carried
out.