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The Select Committee which is investigating the issue has been boycotted by a number
of political parties. There is a divisive and contentious debate. There is much heat and
not a lot of light. I am not sure that a statutory body constituted like ours would not have
been a good place to deal with such issues in these circumstances.
If decisions are taken to change our constitutional arrangements, including for instance
our becoming a republic, or having a written constitution which does or does not
include the Treaty of Waitangi, then advising on the implementation of policy decisions
already taken is an area in which the Law Commission could play a part. But where
there is a heavy party political overall in assessing the underlying fundamental decisions
it does not appear to me to fall comfortably or wisely into the ambit of our work.
Conclusion
There are no absolutes in any of this. There are no immutable protocols which must be
applied. Different circumstances in different jurisdictions will require different
responses. Law Commissions must not stand aloof, locked in some straightjacket which
is unresponsive to contemporary community needs, values and aspirations. But in all
we do we must be sure that we can add value. We are not repositories of all wisdom
with a monopoly on the answer to every social, economic and governmental problem.
Where thorough legal research and analysis, together with comprehensive consultation
is required, we have particular skills to offer. We need to ensure that we do not lose our
credibility by meddling in areas where other perspectives and qualities are at the heart
of the task.
Labour Party Conference, the address is available at: <http://www.labour.org.nz> (last accessed 14
February 2005)