66
new team who had to revisit much of the Commissions original thinking. Advisers
in the Ministry of Justice had also departed. So when it came to look seriously at the
new legislation it was a case of fr esh faces.
136
The Commissions work on evidence reform began under the leadership of Hon Sir
John Wallace QC and continued under Sir Kenneth Keith and Justice Baragwanath.
I attended a function in 1999 to celebrate the completion of the reports. That is now
5 years ago and other key Commission members, particularly Judge Margaret Lee,
are no longer at the Commission. In relation to the property law reform, succession,
and evidence reports, at least the key players are still alive.
137
Moreover, it is also hard to explain why a recommendation to modernise the law on
habeas corpus is able to take precedence over modernisation of property law and
wills. Without wishing to diminish the importance of habeas corpus, few people
apply for the writ; almost everyone makes a will.
138
This state of affairs is not good. It shows the difficulties faced in getting traction for
law reform proposals and the consequences of delay. It also indicates a disturbing
lack of principle in determining what proceeds and what does not. Resorting to the
tactic of having Law Commission Bills introduced into Parliament through the back
door mechanism of a back bench member is understandable, but it is not good
process. There ought to be more success stories.
139
A law reform agency cannot expect to have every recommendation it makes
endorsed by a government. The government has to support the passage of the Bill
through Parliament. If the agency sticks to black letter law, the risk of gove rnment
rejection may be lessened, but it does not follow that the prospects of reform are any
better. Experience in New Zealand suggests the prospects are worse. The terms of
reference of the New Zealand Law Commission are not so confined anyway and it