Chauvel Charles: Succession (Homicide) Bill — Third Reading 
Chauvel Charles: Succession (Homicide) Bill — Third Reading 
[Volume:642;Page:12199] 
CHARLES CHAUVEL (Labour) 
: 
 The substance of the Succession (Homicide) Bill has already been rehearsed in detail by previous speakers—including the customarily fine contribution we have just heard from Mr Auchinvole—so I will not repeat what has already been said. Instead because the bill comes to the House by way of a Law Commission recommendation I would like to take this opportunity to commend the excellent record of the Minister responsible for the Law Commission the Hon Mark Burton in bringing such legislation before this Parliament in a prompt fashion. 
In 2006 in the Prime Minister’s statement to Parliament it was said that the Government would give priority to law reform proposals already received from the Law Commission that update key statutes—for example in the property law area. Accordingly the Property Law Bill was introduced in October 2006. That is important legislation that deals with fundamental issues concerning property dealings the protection of property rights leases powers of attorney and that subject dear to almost all New Zealanders mortgages. Although it numbers some 260 pages there was virtually no political controversy attached to it. Yet we will have witnessed more than a 13-year delay in enacting it since the report was completed—which again goes to the commendation due to the Minister in seeing it through. 
The Evidence Act is also legislation that arises from a very substantive and important law reform project of the commission yet it took more than 6 years from the completion of the report to get the measure on the statute book—again a credit to the Minister for seeing that reform through finally. In light of the unsatisfactory rate of progress on law reform over the last 20 years the Government asked the Law Commission last year for advice on any other reports that had been carefully worked through and consulted on but not enacted. As a result of that exercise the Government was able to move to introduce a number of pieces of legislation including the Wills Bill which has rewritten the previous 1837 English legislation; the present bill the Succession (Homicide) Bill; and the Arbitration Amendment Bill which the House read a third time earlier this evening. 
A further look was then taken at Law Commission reports on which no action had been taken for some time. As a result a 2002 report dealing with some problems in the law of trusts is likely to be the subject of a bill soon. The Law Commission report on costs in criminal cases was completed in 2000 and again a bill enacting its recommendations is likely to see the light of day at some stage soon. Similarly a bill on a 2001 report  
Minority Buy-Outs 
 is close to introduction. A bill reforming the law relating to limitation times in civil cases is likely to be introduced this year. [ 
Interruption 
] I tell Mr Mapp that this latter topic has been the subject of two previous Law Commission reports the first in 1988— 
Christopher Finlayson 
: I raise a point of order Mr Speaker. I can understand why the member would want to defend the Minister of Justice’s record but I refer you to Speakers’ rulings on page 112 of  
Speakers’ Rulings 
 about what a third reading speech is all about. Members should confine themselves to the general principles of the bill as it emerges from the Committee and not give a eulogy to a soon to be sacked Minister. 
CHARLES CHAUVEL 
: Speaking to the point of order Mr Deputy Speaker I simply point out with the greatest respect that on 22 August 2007 during the third reading of the Wills Bill Mr Finlayson gave a long and discursive address on what he said was the Government’s failure to progress Law Commission report recommendations. I am simply replying. 
Mr DEPUTY SPEAKER 
: Thank you. Would Mr Chauvel please continue his speech. 
CHARLES CHAUVEL 
: Hard work is also being undertaken to implement other Law Commission reports. A bill based on the Law Commission’s 2007 report on the law of sedition is due to come back before the House shortly. Cabinet will shortly be considering how to proceed on the commission’s customs report of 2006. Consultation with stakeholders has been occurring on a draft waka umanga bill following the Law Commission’s 2006 report on the very important issue of Maori entities and we are likely to see a bill introduced this year. The Law Commission’s 2006 report on access to court records will be considered in the near future by a select committee. This is an excellent record of progress in implementing Law Commission reports and recommendations and the Minister is to be commended on getting on with the job. He has addressed what had become a logjam and has got on with implementing reforms urged on us by the commission. 
I was present at the Law Commission’s 20th anniversary seminar when the Hon Justice Michael Kirby of the High Court of Australia pointed out that this sort of logjam was not unique to the New Zealand jurisdiction. This is what the judge said—[ 
Interruption 
] Mr Mapp may not be interested in what Justice Kirby had to say but perhaps other members will be. He said: “So what can be done about the apparent logjam that remains as much an impediment to law reform action today as it was in earlier times? What can be done to address this systemic obstacle to institutional effectiveness that is as real in Britain and Australia as it is in New Zealand? Consistently with our notions of a democratic and responsible Parliament is it impossible to alter the means by which law reform reports secure their appropriate share of parliamentary time? This is the central question that requires and deserves our attention. Beside it all other institutional problems seem readily capable of solution.” 
In conclusion I am proud that this Government—through the Prime Minister on 24 July at an occasion at Bell Gully that launched the publication of the speeches given at the Law Commission’s 20th anniversary seminar—announced a systemic and careful procedure by which from now on all Law Commission reports will be considered and actioned by the Government through the Cabinet process. That system will lead to the logjam that once developed over Law Commission reports to truly become a thing of the past in New Zealand and I commend the Government and the Minister on the introduction of those excellent procedures. 
Bill read a third time.