8
topic headings is helpful. It allows the public sector and the private sector alike to
locate and read all the relevant law that may be important to a particular concern.
All the law, for example, on animals can be found in one place, with full cross
referencing.
19
Since MMP, it can no longer be said that New Zealand is the fastest law-maker in
the west, but we are surely quite accomplished at making the law hard to find.
This needs to be fixed. We have now in large measure due to the combined
efforts of the Law Commission and Parliamentary Counsel Office, plain English
drafting. What we do not have is adequately accessible statute law. It is easy to
overlook statutory provisions unless you know all of the Acts of Parliament.
20
I find myself in complete agreement with the view of the Hon Justice Michael
Kirby, now a Justice of the High Court of Australia and the first Chair of the
Australian Law Reform Commission who has kept up his interests in this topic
over the years. In 2005 he wrote the concluding chapter in a most interesting and
helpful book: The Promise of Law Reform.7 He remarks on the robustness of the
institutional idea of law reform, and especially its recent spread beyond the
common law countries. He says:8
The most enduring polities and economies are those that have inbuilt methods of
updating the law and removing the barnacles of injustice and inefficiency. Absent
effective and timely procedures of law reform, the markets tend to solve legal
problems by corruption or revolution. Law reform is part of the stable machinery
of modernity.
21
He points out however that there exists in many countries, and I would include
New Zealand in this category, an institutional flaw. Justice Baragwanath, former
President of the Law Commission, also drew attention to the grave problem of
7
Brian Opeskin and David Weisbrot The Promise of Law Reform (The Federation Press, Sydney,
2005) 433.
8
Michael Kirby Are We There Yet? in Brian Opeskin and David Weisbrot above n 2, 444.