8
Our Law Commission Act specifically provides that in making recommendations the
Commission shall take into account te ao Maori (the Maori dimension) and shall also
give consideration to the multi- cultural character of New Zealand society36. When there
was a review of the Law Commission undertaken in 2000 by Sir Geoffrey Palmer37,
consideration was given as to whether there should be a separate Maori Law
Commission. This was not recommended but the importance of this statutory obligation
to Maori was reiterated.
From our inception there has been a keen awareness of the need to have regard to this
dimension in all its work (and there have been a number of Commissioners who were of
Maori descent)
a
nd there has also been a Maori Committee (which includes many
eminent Maori leaders) that is available to advise and consult with the Commission in
the course of our work.
Currently we have two members of Maori descent38 and a number of our research staff
are similarly within that categorisation.
During the 1990s in Australia, there were 4 part-time Commissioners who were not
legally qualified39. In many jurisdictions it is commonplace to have consultants who are
not members of the legal profession.
The make-up of the Commission, the qualities, the skills and the experience which
Commissioners have will inevitably have a significant effect on the nature and type of
36
Law Commission Act 1985, s5(2)(a)
37
Sir Geoffrey Palmer, Evaluation of the Law Commission : Report for the Associate Minister of Justice
and Attorney-General Hon. Margaret Wilson (Chen & Palmer, Wellington, 2000)
38
Professor Ngatata Love and Justice Eddie Durie
39
Professor Peter Baume, Professor of Community Medicine, University of New South Wales,
Professor Bettina Cass, Professor of Sociology and Social Policy, University of Sydney; Dott Paolo
Totaro, Chairman of Ethnic Affairs Commission, NSW; Mr Leigh Hall, General Manager, Investment
Operations, with the Australian Mutual Provident Society Ltd (from Annual Reports ALRC 1990-
2000)