56
Modern computer technology should certainly allow greater facility with the
rearrangement and presentation of our laws. This technology needs to be taken
advantage of in ways that are novel, imaginative and promote efficiency.
57
New Zealand is not the only country that suffers difficulties regarding access to its
statute law. The Statute Book in the United Kingdom is much bigger and goes
back much further in history than our own. It is even more inaccessible than ours.
It does seem to me that the State has an obligation to make laws accessible if it
expects citizens to obey them. There are many practical difficulties that flow
from a lack of accessibility. Probably first among them is the cost of locating the
relevant provisions. Very few people in New Zealand other than lawyers can find
their way around the statute book, and many of them have problems. Our statute
law is not fit for human consumption.
58
The problem causes difficulties for our public discourse on matters. Journalists in
particular have great difficulty being able to say in any clear way what the law is,
and they tend to veer away from trying to do so. In a democracy as small as New
Zealand, where public debate is continuous and volatile, much of it is conducted
on a daily basis in complete ignorance about what the law may be on the topic
under discussion. And often, that law is highly relevant to what is being debated.
59
There are civic as well as legal virtues in improving the accessibility of New
Zealands law. The task seems even more important given the quite rapid rate in
which statute law is overhauling common law as a source of legal principles.
Statute is not so much King as emperor. As Lord Steyn remarked, quoting Guido
Calabresi, we are overwhelmed by an orgy of statute making.26
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In Iowa, business people, bankers and even farmers can have the Iowa Code on
their shelves and they can use it. And it is all readily accessible online. There is
no need to resort to a lawyer to be able to locate and read relevant statute law.
26
Guido Calabresi A Common Law for the Age of Statutes (Harvard University Press,
Cambridge, 1982) 1, quoted in Johan Steyn Dynamic Interpretation Amidst an Orgy of
Statutes (2004) 35 Ottawa Law Review 163, 164.
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