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George Tanner QC is a member of the Law Commission. Before this he served for over a decade as the Chief Parliamentary Counsel and Compiler of Statutes in the Parliamentary Counsel Office. Background Common law and statute As with most of the so-called common law countries, there are two sources of law in New Zealand: judge-made law and legislation. Legislation is now the dominant source, although it was not always so. In earlier times in England, the statute was an interloper and the task of the judges was to confine its operation by employing strict rules of construction. If one looks at the New Zealand statute book today – and I use that term to include the whole body of legislation, including statutes and delegated legislation – it will be seen that there are few areas it does not touch. Much of New Zealand’s business and commercial law is statute-based: for example, the law relating to companies, financial institutions, banking, insurance, capital markets and their operation, takeovers, personal property securities, financial reporting, receiverships, trade practices, consumer protection, foreign investment and intellectual property. The law of contract is a mix of statute and judge-made law, the so-called ‘contract statutes’ having reformed and codified large areas of what was once common law. Our criminal law is entirely statuteIntroduction

How does the proposed Regulatory Responsibility bill measure up against the principles? Changing the role of Parliament and the courts