100Ibid, p ix.
101[1995] NZLJ 270, 273. The quoted text is from an article by Jeremy McGuire entitled Comments on
the Powers of the New Zealand Law Commission and appears as an extr act from M Zand ar, The Law
Ma king P rocess, 198 0, p 3 03. T he author of the article attributes the same sentiments to Justice K irby.
67
would be a tragedy if the Commission limited its horizons. After all, one of its first
assignments was a reference from the Government of the day to examine and
review the law relating to bodies incorporated under the Companies Act 1955, and
report on the form and content of a new Companies Act .100
140
Again, this is not the place to get into a discussion of the philosophy of law reform,
but a few comments are pertinent. The business of law reform is not just a technical
exercise. It is the business of improving society by improving its laws, practices and
procedures. This involves a consideration of competing values.101 In my view, it is
a complete misconception to regard black l etter law or la wyers law as empty
of social, economic, or other policy content. I have taken part in discussions on
company, securities, insider trading, takeovers, financial reporting, foreign
investment, banking, insurance, and competition law that have generated as much
if not more passion and been more likely to have degenerated into punch-ups among
the participants than discussions on reform involving controversial moral issues.
Never let it be said that commercial lawyers are without emotion.
141
A law reform agency is well placed to take on the review of a complex and
controversial area of the law, and its recommendations for change that are balanced
and supported by good research and consultation should stand as much chance of
acceptance as anything else. A law reform agency is able to consider issues and
recommend changes in a reflective environment without the intense day-to-day
pressures and constantly changing priorities that officials face in government
departments.