New Commission proposed

Press, 30 August 1985, Page 13

New Commission proposed

PA Wellington The president of the Court of Appeal, Sir Owen Woodhouse, has agreed to become the first president of the Government’s proposed new Law Commission. Introducing the Law Commission Bill in Parliament, the Minister of Justice, Mr Palmer, said its purpose was to promote the systematic review, reform, and development of the statute and common law of New Zealand.

He said the five persons he would recommend for appointment to the commission, when the legislation came into force on February 1 next year, were Sir Owen, Professor Ken Keith, of Victoria University; Ms Sian Elias, an Auckland barrister; the editor of “Capital Letter,’’ Mr Jack Hodder; and the Deputy Secretary for Justice, Mr Jim Cameron.

“Before his appointment, Sir Owen will step down as president of the Court of Appeal ... “I regard it as particularly fortunate that I have been able to persuade Sir Owen Woodhouse to agree to becoming the first president of the commission,” Mr Palmer said. Mr Palmer said the membership of the commission would be between three and six commissioners appointed by the GovernorGeneral.

“The President must be a judge or former judge of the Court of Appeal or the High Court, or a lawyer qualified for appointment to the High Court.”

He said the commission would not merely make recommendations for the reform and development of the law. It would advise the Minister of Justice on ways in which the law could be made as understandable and as accessible as was practicable.

“I also point out that the commission is directed to take into account Maori values and customs and to have regard to the multicultural character of New Zealand society,” Mr Palmer said.

The Opposition spokesman on justice, Mr Paul East (Rotorua), said he had yet to be convinced that the

commission was necessary.

“What the Minister really has to do to the House and to the country 'is to illustrate why our present system of law reform is not working as well as it should, where it is failing, and how this new full-time Law Reform Commission will remedy those faults,” Mr East said.

He was pleased that the Public and Administrative Law Reform Administrative Committee would continue in existence.

“That is one of many, and those committees have by and large eight to 10 members, most of them experienced practitioners,” Mr East said.

The Prime Minister, Mr Lange, said the need to have a commission was not a condemnation of the work done by those people who had voluntarily given of their services. However, one of the main failings of the present system was that the committees did not have enough “clout,” he said. They did not have the ability to stand up to Ministers of Justice and see that their recommendations were put forward insistently.

“That has been a conspicuous failing of the present system.” The bill was introduced and referred to the Justice and Law Reform Select Committee.