Pre-legislative scrutiny and the Legislation Advisory Committee
86
Statutes are often not required and should be avoided if possible. Legislation is
not the answer to every problem and New Zealanders need a lot of education to
that effect. We tend to pass laws for which there is no legal reason.39 A
fundamental threshold question needs to be asked much more often and much
more rigorously than it is is legislation required at all? We have to avoid
cluttering up an over-full statute book with unnecessary laws.
87
Last year I was appointed Chair of the Legislation Advisory Committee. This is
the successor to the old Public and Administrative Law Reform Committee. It has
been kept in use to allow a group of academic lawyers, along with a retired judge
and a serving judge, two economists, private practitioners and Government
lawyers to provide advice continually to the Government on good legislative
practice. Its most important work product has been the Legislation Advisory
Committee Guidelines, which have been adopted by Cabinet as appropriate
benchmarks for legislation to meet.40
88
Seminars conducted by the Committee on the guidelines last year attracted 400
public servants. The Guidelines themselves are under review. It has occurred to
me in relation to this work that an early warning system would be helpful. Where
agencies are planning legislation, the architecture of it needs to be settled early
and in accordance with sound legal and constitutional principles.
89
At present, the Law Commission analyses all Bills introduced for the Legislation
Advisory Committee and reports to the Committee on them. The Committee then
takes the issues up with Parliamentary Counsel, the appropriate Minister, officials
or itself makes submissions to a Select Committee. It all depends on what seems
to be the most appropriate in the circumstances. Agencies and departments are
also coming to consult with the LAC in advance of framing their legislative
proposals, and there is considerable benefit in that practice.
39
For instance, the Music Teachers Act 1981.
40
Legislation Advisory Committee Legislation Advisory Committee: Guidelines on Process
and Content of Legislation (Legislation Advisory Committee, Wellington, 2001)
<http://www.justice.govt.nz/lac/index.html> (last accessed 30 March 2006).
27