constituted the overarching principle behind the thinking that set the Law
Commission on its way.
29
The establishment of the Law Commission was not based on post-modern
thinking, rather the reverse. It was fuelled by the vision that the law could be
accessible, understandable, coherent and administered fairly by institutions that
are neutral and behave with integrity. These are hopes that ought not to be
abandoned lightly.
30
Consider what I have said so far in light of one of the principal functions of the
Law Commission, this is:18
To take and keep under review in a systematic way the law of New Zealand.
31
What does this mean? How does one carry out a task as vast as that? The
existing statute law of New Zealand is anything but systematic. That of course
does not mean to say that reviews of it cannot be systematic. In some ways the
objective may suggest something along the lines of a Jeremy Bentham
codification project. This was certainly the feeling that drove the English Law
Commission at its inception and it was stated as one of its objects. But little
progress has been made. It has been virtually abandoned as utopian. If one takes
the first principal function mentioned in the Law Commission Act 1985 and adds
to it the fourth, does that make a difference?:19
To advise the Minister of Justice [and the responsible minister] on ways in which
the laws of New Zealand can be made as understandable and accessible as is
practicable.
Looking at these goals 20 years later, one would have to conclude that they are
highly aspirational goals and probably no nearer completion, and perhaps further
away, than they were in 1985 when the Law Commission Act was passed.
18
Law Commission Act 1985, s 5(1)(a).
19
Law Commission Act 1985, s 5(1)(d).
11