8Lord Steyn Democracy Through Law, September 20 02 R obin Cooke lecture. Occasional Paper No 12
published by the New Zealand Centre for Public Law.
9
Section 5(1)(c) of the Law Commission Act 1985.
4
strict adherence to lawful process.8 Who would disagree? These are fundamental
requirements without which there is never likely to be any real access to justice.
They are fragile and easily compromised. They can never be taken for granted. It
requires determination, vigilance, and effort to protect and preserve them. Much of
this paper examines, in the context of law-making, the extent of that determination,
vigilance, and effort.
6
A degree of law reform is involved every time the law is changed. That is so
whether the change in the law is a minor adjustment to a statute or regulation or
involves sweeping change. Everyone who is engaged in the process of changing the
law is to some degree a law reformer. The term law reformer is thus not confined
to the expert and formally constituted law reform bodies such as are represented
here, but includes legislators in Parliaments and members of executives, Ministers
and officials with law-making powers, Ministers and their advisers who formulate
legislative policies and place them before Parliament or before the executive in its
law making capacity, and the lawyers who translate those policies into legislation.
Much of what is said in this paper is, one hopes, of some relevance to the work of
specialist law reform agencies, but it is also applicable to law reformers as a whole.
7
Law reformers promote access to justice by ensuring laws are both just and
accessible. A principal function of the New Zealand Law Commission is
[T]o advise the Minister of Justice [and the responsible Minister] on ways in which the law
of New Zealand can be made as understandable and accessible as is practicable.9