KEY POINTS:
The Law Commission is so keen to see its recommendations to improve inquiries in New Zealand implemented that it went ahead and drafted a new bill.
The commission's report - A New Inquiries Act - was to be tabled in Parliament this afternoon and recommended two types of inquiry, public and government, be established.
Law Commission president Sir Geoffrey Palmer said if implemented, the report's recommendations would result in more efficient, effective and economical inquiries.
A draft bill is included in the report to replace the existing Commissions of Inquiry Act 1908.
"Many of the provisions in the present law are confusing. Some place constraints on procedures that add time and money to inquiries but do not make them more effective," Sir Geoffrey said.
The Government tended to have inquiries that did not use the Act but those offered no immunity to people participating and had no powers to compel evidence.
Sir Geoffrey said the new public inquiries would deal with "big and meaty" issues of high level concern, for example, disasters. They would replace commissions of inquiry and royal commissions. Such inquiries would be established by the Governor-General by Order in Council.
Government inquiries would deal with smaller and more immediate issues; "where a quick and authoritative answer is required from an independent inquirer". They would be appointed by a minister and report to a minister.
Both types of inquiries would have the same powers.
"We hope that by recognising the current constitutional reality and practice our recommendations will provide for effective and efficient inquiries that all take place within a proper legal framework."
- NZPA
