Institutional law reform in New Zealand: the importance of independence

Abstract

ABSTRACT In this article, Geoff McLay, a former New Zealand Law Commissioner, asks what distinguishes Law Commissions from government agencies through which Governments might seek to reform the law. He does this by examining the work of the New Zealand Law Commission within the context of reform generally within New Zealand in order to establish what the Law Commission adds to the general policy and law-making machinery. Professor McLay argues that the work of the Commission, and its success (and failures), can be usefully viewed through two lenses of identity and process. The identity lens points to the aspects of the Commission’s work that come from it being a ‘Law Commission’ and explains much of its work in the area of ‘lawyers’ law reform'. The process lens which focuses on the Commission’s independence from Government policy control explains the Commission’s ability to take on non traditional projects. He argues that it is this independence, albeit imperfect, that makes the Law Commission a valuable part of the law-making scene that should not be necessarily restricted to ‘lawyers’ law reform'.