68
142
Law reform agencies are, in my view, indispensable in promoting access to justice
through bringing outdated laws up to date, both in terms of their policy content and
their expression. There are obviously challenges in increasing both the rate and
speed of implementing law reform proposals, at least in this country. Success
depends on acceptance by governments of the importance of having legislation that
reflects contemporary needs and aspirations, and it also requires acceptance by
legislators of those objectives. For the most part, law reform measures ought to
proceed without being treated as raising issues of fundamental constitutional, social,
or political importance requiring the most rigorous scrutiny. In other words, in a
climate of trust, the prospects for acceptance should be greater.
143
Ministers will always want advice that law reform proposals are sound. After all, it
is the Ministers who take responsibility for the legislation required to implement
those proposals and who also have to procure any necessary funding. They will seek
that advice from their departmental advisers, who will usually also have to support
particular measures through the legislative process. That is constitutionally right and
proper.
144
One suspects that in New Zealand resource constraint is where a large part of the
problem lies. Law reform agencies must engage with governments at all levels. A
culture of co-operation with governments adviso rs is essential. We have seen in
New Zealand that it can be very effective. Independence is important, but it cannot
be allowed to stop the wheels from turning. Persistence is also essential. Lobby
groups agitate all the time and they get results.