2
What is the Law Commission?
1
The year 2006 marks the 20th birthday of the Law Commission in New Zealand.
The Commissions aim is to promote the systematic review, reform and
development of the law of New Zealand.1
2
The Commission carries out that aim:
·
By making recommendations to the Minister of Justice for the reform and
development of a particular aspect of the law, on a reference from the
Minister or on its own initiative;
·
By advising Government departments and other public sector organisations
on their own reviews of aspects of the law and on proposals made as a result
of the review.
3
The Commission is required to advise on ways in which the law can be made
more understandable and accessible. The emphasis on these features is well
placed. As Lord Oliver put it Edmund Burke observed that bad laws are the
worst form of tyranny. But, equally, well intentioned laws that are badly drafted
or not readily accessible are also a form of tyranny.2 The Law Commission is
obliged as well to take into account Te Ao Maori (the Maori dimension) and to
give consideration to the multi-cultural character of New Zealand.
4
The Commission has a scholarly research culture. It produces reasoned reports
with extensive research and analysis to back its recommendations. In short, the
Law Commission is a law reform agency. In the new lingua franca of public
administration, it is an independent Crown Entity. The independence is important
the Law Commission is not the same as a Department of State. It has the same
sort of independence as Judges in formulating its recommendations. Yet it must
be attentive to both the Executive Government and Parliament. These are the
1
Law Commission Act 1985, section 3. I am most grateful to George Tanner QC, Chief Parliamentary
counsel and Andrew Bridgman, Deputy Secretary of Justice for their comments on an earlier version
of this paper. Needless to say they cannot be held responsible for its content.
2
Lord Oliver of Aylmerton A Judicial View of Modern Legislation (1993) 14 Stat. Law Review 1, 2.