Introduction
1
It is a great pleasure for me to address the New Zealand Centre for Public Law at
the Victoria University of Wellington, my alma mater.1 Public law is a subject
that has long been dear to my heart.2 When in London recently, I had dinner with
Sir Paul Walker, the first Director of the Centre for Public Law at this University.
He is now a High Court judge in England.
2
Everywhere law reform agencies face serious challenges. The primary one comes
down to getting the work implemented. As Justice Michael Kirby of the High
Court of Australia recently put it, there is a failure, anywhere, to establish a
satisfactory link between the institutional law reform body and the lawmakers
with the power to convert proposals for legal reform into action.3 The problem
exists in all countries where there is a Law Commission.
3
The New Zealand Government has recently adopted a programme to implement
six previous reports of the Law Commission and has made progress towards that
end.4 In her Prime Ministerial statement to Parliament in February, the Rt Hon
Helen Clark said one of the initiatives in the justice and security area should be to
1
I am most grateful to George Tanner QC, Chief Parliamentary Counsel and Dr Warren
Young, Deputy President of the Law Commission for their comments on an earlier version
of this paper.
2
Geoffrey Palmer The New Public Law: Its Province and Function (1992) 22 VUWLR 1.
3
Hon Justice Kirby Law Reform and Human Rights Scarmans Great Legacy (lecture for
the Law Commission of England and Wales, Grays Inn, London, 20 February 2006) 43.
See also the Cri de Coeur from my distinguished predecessor, Justice David Baragawanath,
The Role of the New Zealand Law Commission (2001) Occasional Paper No 2, New
Zealand Centre for Public Law 68.
4
Quite apart from the initiative to deal with older reports of the Law Commission, several of
its recommendations are currently before Parliament. There is the Evidence Bill, resulting
from a lengthy study concluding with a 1999 report in two volumes recommending a Code
(New Zealand Law Commission Evidence (NZLC R55, Wellington, 1999) and the Crimes
(Covert Intimate Filming) Amendment Bill which responds to the Commissions 2004
study paper (New Zealand Law Commission Intimate Covert Filming (NZLC SP5,
Wellington, 2004)). The Criminal Procedure Bill currently before Parliament would
implement the Commissions reports on criminal prosecution (New Zealand Law
Commission Criminal Prosecution (NZLC R66, Wellington, 2000)), juries in criminal
trials (New Zealand Law Commission Juries in Criminal Trials (NZLC R69, Wellington,
2001), and acquittal following perversion of the course of justice (New Zealand Law
Commission Acquittal Following Perversion of the Course of Justice (NZLC R70,
Wellington, 2001). There is also the Coroners Bill which is based on the Commissions
2000 report (New Zealand Law Commission Coroners (NZLC R62, Wellington, 2000).
2