of being adopted. One purpose of the Law Commission is to suggest changes to
the statute book for the betterment of all New Zealanders.
10
New Zealands law reform agency was created relatively late compared to the rest
of the common law world. England and Scotland received permanent Law
Commissions by legislation in 1965. The Commonwealth of Australia passed
legislation for the Australian Law Reform Commission in 1973 and it commenced
operations on 1 January 1975. New South Wales set up its agency even earlier, in
1967. Canada has had the interesting experience of setting up a Federal Law
Reform Agency, then in 1992 abolishing it, only to set up another in 1997.
11
The reason that New Zealand was late in setting up such an agency lies in the fact
that it had already devoted serious effort to the topic, setting up a Law Revision
Committee in 1937. By the 1960s there had been established a series of part-time
Law Reform Committees that, working with the old Department of Justice which
itself contained a large and extremely-able law reform division, produced a lot of
legal change. There was resistance to changing this structure. But the open
Government election manifesto commitments of the 4th Labour Government
promised to establish a full-time Law Reform Commission. It was one of my
most pleasant duties as a member of that Government not only to write that
portion of the manifesto before the 1984 election, but also to design the
legislation. Not surprisingly, therefore, I regard the legislation as satisfactory. As
Minister of Justice I was also responsible for recommending the appointments to
the new Commission and providing references to it.
12
Sir Owen Woodhouse was the first President and this was no accident. My taste
for law reform was fostered by Sir Owen when I first met him while I was a
student at the University of Chicago Law School, and he was Chair of the Royal
Commission on Personal Injury. The Commission visited Chicago in 1966. On
my return to New Zealand I found that he had picked me out to write the
Government White Paper on the Royal Commissions Report on Personal Injury.8
8
Geoffrey Palmer The New Zealand Experience in International Workshop Beyond
Compensation: Dealing with Accidents in the 21st Century (1993) 15 U Hawaii LR 604,
5