4
8
The reason that New Zealand was late in setting up such an agency lies in the fact
that it had already devoted serious effort to the topic and set up a Law Revision
Committee in 1937. By the 1960s we had a series of part-time Law Reform
Committees which, working with the large and extremely able law reform
division in the old Department of Justice, produced a lot of worthwhile law
changes. There was resistance to changing the structure but the open Government
election manifesto commitments of the 4th Labour Government promised to
establish a full-time Law Reform Commission. It was one of my most pleasant
duties as a member of that Government not only to write that portion of the
manifesto before the 1984 election, but also to design the legislation. Not
surprisingly, therefore, I regard the legislation as satisfactory - the statute itself
achieves both substance and readability. As Minister of Justice I was also
responsible for recommending the appointments to the new Commission and
providing references to it.3
9
Since the Law Commission was established, the policy making framework of the
New Zealand government has changed and expanded. Most of the core
government departments now promote legislation and have policy advisers. The
issue becomes what is the comparative advantage of the Law Commission? What
can it do that government departments cannot? What sort of projects should be
referred to it? Where can the Commission add value most? These are not easy
questions. Some think the Commission should concern itself only with lawyers
law. I think myself the emphasis needs to be on larger, and more profound
projects that demand intensive research and break new ground. These are the
projects the Commission is best equipped to handle and are consistent with its
statutory mandate departments have difficulty with such projects because they
have so many other responsibilities and demands on their staff time. It is difficult
for them to focus their resources on large, long-term projects that straddle
electoral cycles.
10
The criteria used to select project topics for the Law Commission are where they:
3
Geoffrey Palmer Systematic Development of the Law: the function of the Law Commission [1986]
NZLJ 104, and Owen Woodhouse The new Law Commission [1986] NZLJ 107.