13Esoteri c knowledge is the term used by Sir Geoffrey Palmer to describe a commodity needed by law
reformers in his essay T he N ew Ze aland Legislative M achine , Victoria University of Wellington Law
Review, Vol 17, 1987 , p 285. Another was stamina.
7
10
The LAC Guidelines are endorsed by the Government. Every Government Bill
referred to the Cabinet Legislation Committee and to Cabinet must be accompanied
by a written submission signed by the Minster responsible for the Bill stating,
among other things, whether the Bill complies with the LAC Guidelines. The LAC
Guidelines represent a codification of a good deal of the esoteric knowledge about
principled law-making.13 This is not to say that, before the LAC Guidelines, New
Zealand legislation was unprincipled and manifested bad practice. The Guidelines
have brought together in a 2-volume publication much in the way of institutional
knowledge previously diffused throughout the bureaucracy.
11
Annexed to this paper is a copy of the LAC Guidelines Checklist of issues that
ought to be addressed in developing legislative proposals. As will be seen, not all
the considerations will be relevant. Large cognate statutes, such as the Local
Government Act 2002, the Sentencing Act 2002, the Parole Act 2002, and the
Terrorism Suppression Act 2002, to take a few recent examples, will require
consideration to be given to most, if not all, of the issues identified. A technical
amendment to an existing statute may require consideration of only a few of those
matters. The subject matter of the legislation is relevant, but not always. Statutes
that affect the rights and freedoms of individuals will obviously raise issues. So too
will statutes whose principal focus is on commercial matters but that also contain
powers of search and seizure and require disclosure of information.
12
A quick glance at the checklist gives an insight into the breadth of considerations
that have to be addressed. Among the key considerations are
have alternatives to legislation been evaluated (Chapter 1)?