63Ibid, p xvii.
44
amended statute. If anything, a reprint can make the incoherence more obvious.
A mixture of statute and common law
85
Continual amendment is a particular kind of impediment to accessing the law.
Another is the impact of significant statutory incursion into the common law and
the reverse phenomenon of common law incursion into, or gloss on, the statute. New
Zealand evidence law is a mixture of case law and statute law.
86
In the preface to its report Evidence: Reform of the Law,63 the Law Commission
observed that
.
.. in its present form the law of evide nce is a patchwork of dispa rate elements that have
never been co-ordinated and whose effect is frequently disputed by experts. Problems
resulting from ancient rules of the judge-made common law, themselves often neither
precise nor readily accessible, have been met by ad hoc statutory reforms which have in turn
presented difficulties of construction and of scope.
87
The Commerce Act 1986 is an example of a statute around which an essential
jurisprudence has quickly developed to spell out the Acts under lying principles.
That was always anticipated, but it means that to understand the statute one has to
be familiar with a substantial body of case law in New Zealand, Australia, and the
United States as well as the decisions of the Commerce Commission. The discretion
contained in section 4 of the Family Protection Act 1956 cannot be understood
without recourse to the cases decided under it and the way in which the concept of
moral duty ha s been developed by the courts.