13 Secondly, membership must be for finite terms so that Commissioners have security of tenure.  This  avoids  any  possibility  of  needing  to  keep  an  eye  on  the  response  of  the appointer   in   what   the   Commission   is   persuaded   needs   to   be   recommended.      If membership is at will, consciously or unconsciously the work of a Commission will be subject to a chilling effect.  If there is any sort of restraint then the reason for having the body which is different to law reform sections within governmental departments, or the advocacy for change of academics, will lose its essential and necessary efficacy. Thirdly,  it  is  important  that  the  Commission  itself  can  influence  the  work  it  is  to undertake.  For almost 20 years, the Law Commission in New Zealand has operated on the  basis  of  an  annual  Memorandum  of  Understanding⁴⁶.    Our  Act  requires  that  we should  give  priority  to  matters  referred  by  government,  but  leaves  open  the  ability  for self-referrals.  In the period immediately before my Presidency, there was a substantial amount  of  self-referral  work  which  evinced  little  in  the  way  of  reaction  or  response from Government.  I see that as counter-productive.    Law  Commissions  are  not  cheap  to  run⁴⁷.    There  is  a  substantial  investment  of  tax funds.  They must be employed in ways that have the potential to be productive.  It is one thing to say that there can be direction as to the course of work and quite another to say that there can be control over how that research is done or what is off limits.   Setting the work programme requires ongoing dialogue.  It requires respect on each side but  open  and  forthright  communication.    Like  the  concept  of  judicial  independence properly  understood,  it  is  a  mechanism  for  ensuring  that  those  who  are  to  make  the recommendations are free to go where their research takes them and are not subject to restriction.  But independence and accountability can operate in tandem.  A Commission                                                  46   Ministry of Justice, Memorandum  of Understanding between the Law Commission and the Minister Responsible for the Law Commission, 2004-2005 47   Operating expenditure for NZ Law Commission for 2003/2004 was $3.4 million