Operation of the Law Commission
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The Governor-General can appoint up to six Commissioners, with one being the
President and Chief Executive. Commissioners are appointed for three to five
years, and can be reappointed. There is usually a mix of full-time and part-time
Commissioners. The Ministry of Justice co-ordinates the appointment processes.
26
Each Commissioner leads one or more projects in their area of expertise and
contributes to other projects. Collectively all commissioners are responsible for
the Commissions published reports. There are between eight and ten FTE legal
research staff, who are appointed on fixed term contracts relating to the work
programme, and there are currently nine administrative support staff. The
Commission has a well resourced library. (An organisation chart is provided in
Appendix Four).
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At any time there are six or so projects underway. Ideally each project has both a
lead and contributing commissioner, and is usually supported by 2 to 3 legal
researchers at various stages. Sometimes a preliminary discussion paper seeking
public submissions is published; other projects may undertake consultation
through the production of research papers or the circulation of a draft final report.
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In order to advise the Minister on the government response to a report from the
Law Commission, officials need to be well informed about the project. This has
sometimes meant that they have needed to go over much of the ground already
covered by the Commission, which has not only been frustrating for those
involved but a poor use of public resources. The Commission believes it is
important that relevant government agencies are fully informed and consulted
about Commission projects while they are being undertaken, so that the extent to
which work is duplicated in the preparation of the government response to
Commission reports is kept to a minimum. To that end, in recent years the
Commission has been promoting systematic linkages with the Ministers and
government agencies responsible for the legislation and practice to which each
project relates.
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In particular, it is trying to encourage the appointment of liaison staff within the
relevant government agencies to allow dialogue and participation throughout the
life of the project. This encourages wider commitment and understanding of the
policy approach, before completion of the project. Officials provide better advice
to Ministers when they have a good knowledge of the issues. While the views
finally expressed by the Commission and the Government may still, at times, be
different, linkages during the project should ensure there is a clear understanding
of the proposals and reasons for any differences.
Funding
30
The Commission is funded from money allocated in the budget under Vote:
Justice, and has received the same allocation of about $3 million (without GST)
since 1995/96. The average operating expenditure for the past ten years has been
in the range of $3.3 million and the deficit has been funded, with the agreement of
government, from cash reserves.