as well as deemed regulations, codes of practice, notices and ministerial
directions.
109 Before Government Bills are introduced, more effort needs to go into the initial
design of legislation, particularly its architecture and the relationship of the
proposed law to the established body of laws as a whole. Similarly, post-
legislative scrutiny of Government Bills that are passed needs to be undertaken to
ensure that the stated objectives were met, and that unexpected consequences did
not ensue. There needs to be a retreat from the pattern of wholesale amendments
that over the years so distort and destroy the logic and pattern of a statute that it
becomes unrecognisable. The best example of this currently on the statute book is
the Social Security Act 1964. In other words, we need better pre-legislative
scrutiny and better post-legislative scrutiny of legislation.
110 If we do not address these difficulties, it is my view that more and more law will
find its way into delegated legislation through measures of the character of the
Legislative and Regulatory Reform Bill in the United Kingdom that I have
outlined. For a constitution like New Zealands, that is unacceptable. Parliament
must remain in control.43
43
For the sake of completeness, I should record the current orthodox law reform projects that
the Law Commission has in front of it. At present, the Commission has on its work
programme a review on Access to Court Records which is really unfinished business left
over from the Official Information Act. It has a project on Custom and Human Rights in
the Pacific. It has a long running project on reforming the law on Entry, Search and
Seizure. It has another reference relating to Criminal Defences. It has recently completed a
review of the Customs Act. And it has a project concerning a Maori Entities Bill to give
Maori organisations the choice of a new legal framework for the purpose of managing
communally owned assets, or giving effect to communal rights and responsibilities on
behalf of the members of the group.
32