44Michèle A sprey, Plain Language For L awyers, 3rd ed, The Federation Press, 2003, p 3.
45Ibid, p 65.
46NZLC R 17.
29
ascertaining the meaning of legislation already presents many challenges, the easier
it is to understand the statutory text the better, and even if the only concern was for
lawyers and judges, the easier it is for them to understand it the better. We do not
live in an age where learning is a privilege enjoyed by a handful of citizens like
judges and clerics. In the words of Michele Asprey, lawyers are no longer seen as
the learned custodians of unknowable secr ets.44
51
Secondly, the assumption that people dont read legislation is simply wrong. One
need only look at the list of best sellers to see which statutes are in greatest demand.
They are not all lawy ers law . The numbers of hits on the New Zealand website
of up-to-date legislation also shows that the public reads legislation. Thirdly, and not
surprisingly, legislators want to understand the legislation they are invited to enact.
The public also want understand it so that they can influence its final form. That is
an important component of access to justice. Clearly drafted legislation also exposes
bad policy, especially in the development phase. If an unpleasant message has to be
communicated, and not all legislative messages are pleasant ones, the message ought
not to be hidden in a mass of words.
52
Steps have been taken in New Zealand in recent years to change the way in which
legislation is drafted. As Michèle Asprey observes, [s]everal Law Commission and
Committee reports proved to be catalysts for much of the progress made in the plain
language movement in the last 30 years or so.45 The New Zealand Law
Commission was the catalyst for reform in this country through the publication of
3 separate reports: Report No 17 published in 1990 and called A New Interpretation
Act Is To Avoid Prolixity and Tautology, 46 Report No 27 published in 1993 and