An overhaul of the laws that govern highly sensitive commissions of inquiry and ministerial inquiries has been suggested by the Law Commission, which wants the inquiries to be cheaper, more flexible and more effective.
The Law Commission has reviewed the laws and come to the conclusion that the1908 Commissions of Inquiry Act is "antiquated" and in some parts "confusing".
The commission is proposing a new Public Inquiries Act, which would maximise flexibility and free inquiries from the procedural constraints and traditions that it says have "dogged" commissions.
Inquiries of the type being looked at by the Law Commission are typically high profile and often politically sensitive.
Extensive legal manoeuvring is common on the sidelines, and there are also sometimes arguments over whether witnesses co-operate or whether hearings are open to the public.
The Law Commission's ideas for change are contained in a draft report that it is seeking feedback on until the end of January.
The commission wants inquiries to be less adversarial, and is suggesting that the new Act minimise the likelihood of costly and delaying litigation on the periphery of inquiries.
It says ministerial inquiries, which are becoming increasingly common should be given a statutory basis.
Those establishing a public inquiry should be able to set its terms and also decide how they will hear evidence, the commission has suggested.
It also recommends lifting the fine for disobedient or unco-operative witnesses from $1000 to $10,000, but removing the ability of a statutory inquiry to find a person in contempt.
- additional reporting: NZPA
Inquiring minds
* A royal commission is to look into Auckland's governance structure.
* A commission of inquiry headed by Dame Margaret Bazley investigated allegations of police misconduct dating back many years.
