70Sir Ivo r Richardso n, Trends in Judgment Writing in the Court of Appeal, Legal Research Foundation
Seminar: 2 March 2001.
71J F B urrow s, Statute Law in New Zealand, 3rd ed, Butterworths p 93.
51
in 1960 to 458 in 2000, an increase of 500%.70 Any increase in the quantity of law
generated by the legislative and judicial branches of government must affect its
accessibility. It is incumbent on governments to provide the best facilities for access
that they can.
Part 5
Keeping the law up to date: challenges and responses
101
Legislation reflects the values, policies, and literary conventions of the time. For this
reason, it can get out of date quickly. That threatens access to justice. What can be
done to mitigate the threat? There are several ways in which statute law can be
modernised. Modernisation can be categorised as non-substantive or substantive.
Non-substantive modernisation involves consolidation or reprinting. Substantive
modernisation involves full-scale reform designed to update both the policy of
legislation as well as its expression.
102
Throughout their short history New Zealand statutes have been both consolidated
and reprinted. New Zealand legislation was last consolidated in 1908. The 1908
consolidation reduced the number of public Acts from 806 to 208. As Professor
John Burrows aptly describes it, [t]he 1908 consolidation was an impressive
achievement. It effectively wiped the slate clean; New Zealands statute law may be
said to have started afresh in 1908.71
103
In essence, consolidation involves re-enacting in a single principal Act all Acts
relating to a particular subject without making changes to the policy of the