3
bodies responsible for implementing any changes recommended by the
Commission. No organisation that spends tax payers money can engage in the
design of utopian schemes that have no prospect of being adopted. The first
purpose of the Law Commission is to suggest changes to the statute book for the
betterment of all New Zealanders.
5
But remember statutes are often not required and should be avoided if possible.
Legislation is not the answer to every problem. A fundamental threshold question
that needs to be asked is whether legislation is required at all. Too often the
question is not asked. More imagination is required to avoid cluttering up the
statute book with unnecessary laws.
6
Law reform has to be a collaborative enterprise. Otherwise it will fail. There
must be close collaboration throughout between the Law Commission, the
Government and the Governments advisers. The independence of the
Commission cannot become a recipe for isolation or non-engagement with
relevant departments of state and officials. One aim I have in taking up the
position of President is to ensure that co-operation becomes closer and the
requisite relationships are developed.
History
7
New Zealands law reform agency was created relatively late compared to the rest
of the common law world. England and Scotland received permanent Law
Commissions by legislation in 1965. The Commonwealth of Australia passed
legislation for the Australian Law Reform Commission in 1973 and it commenced
operations on 1 January 1975. New South Wales set up its agency even earlier, in
1967. Canada has had the interesting experience of setting up a Federal Law
Reform Agency, then in 1992 abolishing it, only to set up another in 1997. The
State of Victoria did something similar to Canada.