11
Government lawyers to provide advice continually to the Government on good
legislative practice. Its most important work product has been the Legislation
Advisory Committee Guidelines, which are adopted by Cabinet as appropriate
benchmarks for legislation to meet.12
30
Seminars conducted by the Committee on the guidelines last year attracted 400
public servants. The Guidelines themselves are under review. It has occurred to
me in relation to this work that an early warning system would be helpful. Where
agencies are planning legislation, the architecture of it needs to be settled early
and in accordance with sound legal and constitutional principles.
31
At present, the Law Commission analyses all Bills introduced for the Legislation
Advisory Committee and reports to the Committee on them. The Committee then
takes the issues up with Parliamentary Counsel, the appropriate Minister, officials
or itself makes submissions to a Select Committee. It all depends on what seems
to be the most appropriate in the circumstances. Agencies and departments are
also coming to consult with the LAC in advance of framing their legislative
proposals, and there is considerable benefit in that practice. Watch this space for
further developments.
32
Early discussion about the choice of legislative vehicles and the methods of
complying with the Guidelines would improve the quality of legislation a great
deal. It is often too late once the measure has been drafted.
33
Ongoing discussions about how this can be achieved have been commenced
between the Law Commission and the Ministry of Justice and Department of
Prime Minister and Cabinet. This is my second priority.
Projects
34
At present the Law Commission has on its work programme a review on Access
to Court Records which is really unfinished business left over from the Official
Information Act. It has a project on Custom and Human Rights in the Pacific. It
12
Legislation Advisory Committee Legislation Advisory Committee: Guidelines on Process and
Content
of
Legislation
(Legislation
Advisory
Committee,
Wellington,
2001)
<http://www.justice.govt.nz/lac/index.html> (last accessed 13 February 2006).