31
Approximately two thirds of the Law Commissions budget relates to salaries of
commissioners and staff. The Remuneration Authority sets the salaries of
commissioners. It has been recognised that there will be no increase in the
Commissions appropriation until the cash reserves are exhausted, and successive
Ministers have given assurances that Government will reconsider the
appropriation when that occurs. That point will be reached this year.
32
The budgeted operating expenditure for the current financial year is $3.5 million,
which includes an assumption that new appointments to the presidency and
commission will not be made before 1 February 2006. The budget projection is
for cash reserves to be exhausted at the end of 2005/2006 and the Commission
will be preparing a business case to put to Government before Christmas this year.
If there is no increase in funding in 2006/07, the operation of the Commission will
have to be significantly curtailed with fewer Commissioners, research staff and
support staff, and as a result fewer projects undertaken.
33
The Commissions budget bids are received, analysed and prioritised along with
other bids by Ministry of Justice officials, who also facilitate preparation of the
Memorandum of Understanding and receive the quarterly reports from the
Commission in the first instance.
Review of the operation of the Law Commission
34
Commissioners have recognised the need to examine the way in which functions
are carried out in order to ensure that operations are cost-effective, accord with
best practice in other similar organisations and provide value for money to the
taxpayer.
35
Accordingly an external review is underway, with a report due at the end of
October, to provide guidance as to ways to improve efficiency and to provide a
basis for determining the budget levels required to provide the service expected of
us by the government. (Terms of Reference for the review are found in Appendix
Five).
36
The critical issue that is being addressed by the review is the optimal
organisational structure and processes to enable the Law Commission to continue
to make a cost effective contribution to law reform. This will include identifying
the Commissions critical mass and the requisite number of Commissioners and
research staff to justify the infrastructure needed to support them.
Current Commissioners
37
There are nominally five commissioners at present, although in practice there are
only four.
·
Dr Warren Young, Acting President: full-time; expertise - criminal law;
term expires 2/5/07.
·
Helen Aikman QC: part-time; expertise - public law, commercial; term
expires 6/6/08.