47NZLC R 27.
48NZLC R 35.
49(1997) 559 NZPD 869-879.
30
called The Format of Legislation, 47 and Report No 35 published in 1996 and called
Legislation Manual Structure and Style.48 The reports represented an integrated
approach to reform of the language and design of New Zealand legislation. It was
brave of the Commission to suggest that New Zealand legislation was other than
perfect. However, its recommendations reflected pressure for change world-wide
and there was not a doubt that change was needed.
53
With effect from 1 January 1997, the New Zealand Parliamentary Counsel Office
made a number of modest changes to the style and expression of legislation. These
included:
avoiding archaic language (hereby , notwithstanding, hereunto)
expressing dates in simpler form (1 January 1997 , rather than the 1st day
of January 1997)
omitting unnecessary referential words (of this Act, of this section, of
this subsection) when it is clear which part of the Act is being referred to
using arabic in place of roman numerals (Part 21, instead of Part XXI )
using m ust rather than shall (notic e must be given, not notice shall
be given)
using the active voice (The Minister may appoint up to 9 members instead
of Up to 9 members may be appointed by the Minister)
omitting qualifying words (subject to, except as provided in)
using simpler expressions of age (a person who is 18 years old instead of
a person who has attained the age of 18).
The changes were debated in Parliament and welcomed.49 Otherwise they went
unnoticed, as they should have.