presentation of it and particularly its accessibility. Then I shall consider its
relationship to delegated legislation and the problems that that poses. Lastly, I
shall examine the under-developed fields of both pre-legislative and post-
legislative scrutiny of legislation.
The Law Commission at Twenty
7
The year 2006 marks the 20th birthday of the Law Commission in New Zealand.
The Commissions aim is to promote the systematic review, reform and
development of the law of New Zealand.7 The Commission carries out that aim:
·
By making recommendations to the Minister of Justice for the reform and
development of a particular aspect of the law, on a reference from the
Minister or on its own initiative;
·
By advising Government departments and other public sector organisations
on their own reviews of aspects of the law and on proposals made as a result
of the review.
8
The Commission is obliged to have regard to the desirability of simplifying the
expression and content of the law so far as is practicable. It is obliged also to take
into account Te ao Maori (the Maori dimension) and to give consideration to the
multi-cultural character of New Zealand.
9
In short, the Law Commission is a law reform agency. In new lingua franca of
public administration, it is an independent Crown Entity. The independence is
important the Law Commission is not the same as a Department of State. It has
the same sort of independence that Judges have in formulating its
recommendations. Yet it must be attentive to both the Executive Government and
Parliament - these are the bodies that are responsible for implementing any
changes recommended by the Commission. No organisation that spends tax
payers money can engage in the design of utopian schemes that have no prospect
7
Law Commission Act 1985, s 3.
4