5
Ombudsman in the common law world in the early 1960s21 and major reforming Acts
in the area of contract law in the 70s and 80s22.
Law reform tended all to be very ad hoc in New Zealand until 1937 when a part-time
Law Reform Committee was inaugurated, chaired by the Attorney-General and
including departmental and academic members23. The judiciary declined to participate.
A major leap occurred in the early 1960s with the creation of a numbe r of part-time law
reform committees made up of lawyers, academics and civil servants24. They had an
extraordinary record of producing reports that actually became law, a problem to which
I return at a later stage.
It was the crusading zeal of Rt Hon Sir Geoffrey Palmer, our Attorney-General in the
mid 1980s, which led to the New Zealand Law Commission Act 1985 and the creation
of a permanent body with statutory independence. It continues to operate 20 years later
in that form.
Who should be Commissioners?
The membership of the New Zealand Commission is not unlike those in other common
law countries. The Act provides:
The Law Commission shall consist of no fewer than 3, and no more than 6 members
.The
Governor-General must, on the recommendation of the responsible Minister, appoint 1
member of the Commission, who must be a Judge or retired Judge of the Court of Appeal or
21
Sir Guy Powles was appointed as the first New Zealand Ombudsman on 7 September 1962
22
Illegal Contracts Act 1970, Contractual Mistakes Act 1977, Contractual Remedies Act 1979,
Contracts (Privity) Act 1982 (from Peter Spiller, Jeremy Finn and Richard Boast A New Zealand
Legal History (2 ed, Brookers, Wellington, 2001))
23
In 1937 the Hon HGR Mason, then Attorney -General, established the Law Revision Committee (from
David B Collins Law Reform : A New Procedure for New Zealand [1976] NZLJ 441, 442
24
The Law Revision Commission was established in 1965, followed by four standing committees in
1966 each responsible for one specific area of law (Contracts and Commercial; Property Law and
Equity; Torts and General Law Reform; Public and Administrative Law) (from David B Collins
Law Reform : A New Procedure for New Zealand [1976] NZLJ 441, 443) Administrative Law)
(from David B Collins Law Reform : A New Procedure for New Zealand [1976] NZLJ 441, 443)