Minister Responsible for the Law Commission
BRIEFING ON THE LAW COMMISSION
October 2005
Background
1
The Law Commission is an Independent Crown Entity established by the Law
Commission Act 1985 for the purpose of promoting the systematic review,
reform, and development of the law of New Zealand.
2
The principal functions of the Law Commission prescribed in the statute are:
(a) To take and keep under review in a systematic way the law of New Zealand:
(b) To make recommendations for the reform and development of the law of
New Zealand:
(c) To advise on the review of any aspect of the law of New Zealand conducted
by any Government department or organisation (as defined in section 8(2) of
the Law Commission Act 1985) and on proposals made as a result of the
review:
(d) To advise the Minister of Justice [and the responsible Minister] on ways in
which the law of New Zealand can be made as understandable and accessible
as is practicable.
In making its recommendations, the Commission:
(a) Shall take into account te ao Maori (the Maori dimension) and shall also give
consideration to the multicultural character of New Zealand society; and
(b) Shall have regard to the desirability of simplifying the expression and
content of the law, as far as that is practicable.1
3
Prior to the creation of the Law Commission in 1986, responsibility for law
reform in New Zealand rested primarily with the Department of Justice, with the
assistance of a number of part-time committees administered by the Department
and primarily comprising judges and legal practitioners. The quality,
effectiveness and efficiency of government agencies and these committees in
carrying out law reform projects was variable.
1
Section 5 Law Commission Act 1985