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That is not to say progress has not been made as a result of the Law Commission
itself. The Commission can take much credit for such developments as:
·
The Interpretation Act 1999 and plain English drafting; and
·
Reports on the format, structure and style of legislation.
These are signal achievements and deserve to be celebrated. Indeed, all Law
Commission reports, however narrow the topic, make recommendations to
simplify the law and make it more accessible.20
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There may be ways to rectify the situation. I turn next to one of them.
Accessibility of statute law in New Zealand
34
There is one practical approach I intend to explore at the Commission as a means
of making the primary statute law more accessible. In New Zealand, unless one
knows the name of the principal Public Act, there is good chance that relevant
provisions can be overlooked. The New Zealand statute book is both massive and
unmanageable. More useful is the American approach, where both at State and
Federal level, a code is produced of all State law or Federal law passed by the
legislature, rearranged under topic headings.21 I intend to use the State of Iowa in
this example because I am reasonably familiar with its statute law. It is a state of
three million people with an emphasis on primary industries, a characteristic it
shares with New Zealand. I use the Iowa Code of 2003 in the text because I have
it in hard copy, but the 2005 Code is now available and can be searched online.
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The Code allows people in both the public sector and the private sector to locate
and read all the relevant primary statute law that may be important to a particular
concern. All the law on, for example, animals can be found in one place but
with full cross referencing. In New Zealand, by way of contrast, the 2005 Tables
20
See George Tanner Imperatives in Drafting Legislation: A Brief New Zealand
Perspective (2005) 31 CLB 33, 3537.
21
The code here is not used in the same sense as in which Bentham discussed codification.
He saw codes as complete and self-sufficient and not to be supplemented or modified save
12