6
the High Court, or a barrister or solicitor of the High Court of not less than 7 years' practice,
as the president of the Commission 25
Law Commissioners are appointed for a term not exceeding 5 years by the Governor-
General on the recommendation of the relevant Minister and the appointment of a Judge
does not affect that Judge’s title, status, precedents or other rights or privileges as a
Judge. This is a pattern very similar to that in both England and Scotland. It is
interesting to note that Canada has moved the thrust of its appointments away from the
judiciary and there has not been a full-time judicial member of the Australian
Commission for some time26. There continues to be major contributions from part-time
judicial Commissioners however.
In reviewing or assessing reform agencies, it is instructive to consider who is or should
be appointed as Law Commissioners. The English Law Commission has always been
chaired by a “Judge on secondment from the High Court” who has returned to the
Courts at the promoted rank of “Lord Justice of Appeal”.27 Similarly in Scotland there
has been judicial leadership and in your country the distinguished President of the South
African Law Reform Commission is a member of the Constitutional Court of South
Africa.
The judicial influence in New Zealand has been substantial. Our first President retired
from the Presidency of the Court of Appeal on taking the position28. My predecessor
and myself were both High Court Judges at the time of our appointments.29
25
Law Commission Act 1985, s9(1), 9(3) as amended by the Crown Entities Act 2004.
26
Justice Elizabeth Evatt was full-time president of the ALRC from 1988 to 1994 (from ALRC Annual
Reports 1994 – 2002/2003)
27
Professor Graham Zellick’s “The Legislative Implementation of the Law Reform Proposals” lecture
delivered at Drapers Hall, May 14 1986
28
Rt. Hon. Sir Owen Woodhouse, president of the NZ Law Commission 1986-1991
29
Predecessor was Hon Justice David Baragwanath, President of the Law Commission 1996-2001
