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considerations and the fact that governments a ppetites for ordinary legislation will
consume every available expert. The more laws that modern societies enact, the
more important it becomes that citizens are provided with proper access.
The law reform environment
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This is not the place to get into a comparison of the methodologies of the statute and
the common law. The common law does, however, have at least one advantage over
the statute, that is, that the common law can change of its own accord. It does not
require an Act of Parliament. An Act of Parliament can change the common law,
and frequently does, but it is not essential. The problem the common law faces,
however, is that it moves cautiously and haphazardly. The establishment of
precedent takes time, sometimes decades. The right cases have to present themselves
and the parties have to be willing to pursue them through the hierarchy of courts.
There is no certainty until the highest appellate court decides. There is no law
reform programme within the common law. Ground-breaking shifts of policy are
rare. In the world of the statute they happen all the time.
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The problem the statute faces, at least in some legislatures (of which New Zealand
is one), is that it is often only the ground-breaking measures that get passed. The
reasons relate usually to a lack of parliamentary time, a lack of necessary
departmental resources, or both. This is difficult territory because there are always
examples that can be used to suggest that the perception is unreliable. However, in
general, I believe this is true of the New Zealand legislative environment.
Governments do not bring Bills before Parliament to change the law unless they
have a particular wish to make policy changes and Parliaments do not enact those
Bills unless they agree it is desirable to make the change. Whether a Bill proposes
a major reform or just a technical adjustment, there has to be a policy imperative.