SPECIAL VOLUMES

Evening Post, Volume CXXI, Issue 115, 16 May 1936, Page 10

SPECIAL VOLUMES

ORDERS IN COUNCIL

GREATER ACCESSIBILITY

ATTORNEY-GENERAL'S VIEW

I Legislation by Order in Council or delegated legislation—quite a live topic of recent years—was dealt with by the Attorney-General, the Hon. H. G. R. Mason,' at the Dominion legal conference which was held in Dunedin last month. In his address (reported in the latest issue of the "New Zealand Law Journal") Mr. Mason pointed out that it seemed, to him that the tendency to embody legislation in rules and regulations or other forms of delegated legislation is inevitable but he stated, however, that he thought these rules and regulations should be made more accessible and published in a handier form than by inserting them in the Gazette, as was now done.. He added that he proposed.to try to make the regulations more.accessible. ■ ' "AN INEVITABLE THING." There had been much said as to whether delegated legislation was a good thing.or a bad thing, said Mr. Mason. "I do riot propose to discuss that .aspect at all," he\ continued. "It seems to me that the tendency to embody much of our legislation iii rules and regulations or other forms of delegated legislation is inevitable. If a thing is inevitable and has a tendency to increase, I think we must cease from • asking ourselves whether it ;is good or bad, and rather ask ourselves how shall we best use this inevitable thing? How may we best adapt ourselves to this change? That, I think, is the best course to adopt. When I say it is 'inevitable' I am not putting forward any idea of my own, of course. In an address given at the first conference, one speaker quoted these words (referring, of course, to conditions in England): 'In the year 1920, for instance, there were ten times as many statutory orders and rules' as there were statutes, such orders and rules containing five times more words than all the statutes.' And that speaker at the conference at Christchurch said: "It should be remembered that our Government activities are daily becoming greater and not less.' "Under the circumstances it is recognised that more of our law will be found in rules and regulations than has formerly been the case. And who is to say what proportion of legislation should be found in the statutes and what hv the regulations? After all, whatever may be said upon the matter, with the increasing complexity of modern life and the increasing necessity for regulating many details of statutory legislation which did not previously exist, it is not so much a change of sentiment as a change in | our mode of life; and we. must find! an increasing importance attaching to rules and regulations. If this be so, I think the first step of an AttorneyGeneral is to see that those rules and regulations are made more accessible, and published in some handier form than 'at present, That is a.work to which I can give my attention- at an early date. *...'■ "WHO READS THE GAZETTE?" "It would-be better, it seems to me, if such rules were not published in the New. Zealand Gazette. Who reads the Gazette?, Who even' takes it? What is one to-do with these books cumbering ~up .the shelves? The Gazette is' a most cumbersome, unwieldy volume, containing a great volume of specific references to land. There is no need to enlarge on that. Everyone knows how difficult it-is to find the regulation one wants bx hunting through the .Gazettes. "If the rules and regulations were published in a form as easily accessible as the statutes, how much' better it would be! Arrangements might be made for'booksellers or publishers of law books to supply such volumes to the practitioners. I think it is quite possible to arrange for the publication of regulations in a<form which .would give as little trouble' .as the statutes now give—in a form which could be kept up to date, perhaps by some form of annotation service. I do not want to say that that is the end of the problem, but it at least facilitates the task of finding out what the law is in one department—a great department —of legislation. And when we can find out what the law is, we can more conveniently discuss what modifications should take place. I do not know to what extent the discussions in New Zealand are mere repetitions of those which have taken place in England, or to what extent delegated legislation is. found to be aNew Zealand problem. I propose to try to make' the regulations more accessible. At any rate, it struck me that, if that body of law can be made accessible, an improvement will be found.: I cannot see any difficulties in the way and, as a practising lawyer, I feel that my proposal will benefit the profession." The Attorney-General was heartily applauded, and a motion of thank's to him was. carried by acclamation.