1. The State and other free access providers of legislation
Law via the Internet Conference 2015 Sydney
David Noble
Chief Parliamentary Counsel
New Zealand

2. Overview Role and responsibility of the State in promulgating laws
Some (mostly NZ) history to illustrate this role and problems in practice over the years
Recent developments – “official on-line legislation” etc.
Current and future relationship between the State and other suppliers/providers/combiners of legislation

3. Duty of the State to promulgate law
For to the nature of Lawes belongeth a sufficient and clear Promulgation, such as may take away the excuse of Ignorance..” Thomas Hobbes – Leviathan 1651
People must be told what Parliament is doing and must be able to read the letter of the law VUWSA v Government Printer Sir Richard Wild CJ [1973] 2 NZLR 21
Our purpose here is to stress again the central constitutional function of the Government in making the law ….. known to the public. NZLC R11 September 1989

4. Early Access to Legislation Arrangements
The Code of Hammurabi (1754 BCE)
And on baked clay tablet
Both held by the Louvre Museum, Paris
On diorite stele metre (7.4 ft) tall

5. Early Access to Legislation Arrangements (2)
Magna Carta 1215
Role of Archbishop Stephen Langton critical to both the drafting , sealing by King John and then access, to the Charter.
Promulgation essentially achieved through Cathedral libraries holding the “Sheriff copies”

6. NZ – Initial arrangements for access
William Colenso - Church Mission printer - December “Government” printing included
the Declaration of Independence of New Zealand (printed in 1836)
Governor Hobson’s proclamations and
the Treaty of Waitangi in Māori (in 1840).
The house in Paihia where Colenso worked the first printing press in New Zealand
A “Stanhope” Printing Press: Collenso’s original British press later replaced by another from Columbia in 1842

7. Legislation and reviews - C19th to C21st
1879 Revision of Statutes Act & 1895 Reprint of Statutes Act
1902, 1903, 1905, 1908 & 1915 Statutes Compilation/Consolidation Acts (and Amendments).
1920 Statutes Drafting & Compilation Act (and Amendments)
1931 & 1957 Reprints and Reprinted Statutes Series
NZ Law Commission Consultative Committee on Legislation Databases
sale of GPO & Acts & Regulations Printing Act 1989
2008 NZ LC Report on the Presentation of NZ Statute Law
Legislation Act

8. Modern history : Paper +
Lots of paper ……
Bound annual volumes of Acts and “regulations”
Hard copy reprints - but never a complete service
Odd indexes

9. 1866
1906
“Sovereignty for sale: the law to be privatised in Printing Office move”
National Business Review - 8 Dec 1988 – Warren Berryman
1967
1940s

10. Modern history : (expensive transition)
……the move to the internet was slow – and cost the NZ taxpayer a lot!
Legislation database (the IP having been “lost” to the government during the GPO privatisation) purchased from commercial publishers $1.12m
The Public Access to Legislation Project – 2007
Costs estimated at start in 2000 as being $5.2m
Audited costs at completion in $14.65m
Interim Website and pre-publication services provided by commercial publishers: $13.8m ( )
Commercial website hosting of as made collections: $600,000 ( )

11. LENZ & the NZ Legislation website 2008 onwards
The New Zealand Legislation website launched in mid-January 2008.
Electronic versions of Bills and Acts and Legislative Instruments freely available to all
Official status since January 2014

12. Predominant access route is now via internet….

13. ….. and sales of hard copy prints have declined

14. Collaboration between State and NZLII
PCO with NZLII provide –
New Zealand Acts As Enacted
The 1908 Consolidation
Bills and Regulations (soon)
preservation of the “shattering statutes”
all in searchable OCR-PDF format.

15. New Zealand PCO and PacLII
“ A symbiotic relationship” – PCO’s PI Desk and PacLII
PCO’s Pacific Islands Drafting Desk – providing a training, mentoring, peer-reviewing and drafting service since 2009
Access to legislation in the Pacific is “variable” eg: Niue & Cook Islands
Important role for PILON in supporting the regional LII as crucial access to law resource

16. 1st Revision Programme
Future Developments in access to legislation by the State, NZLII and other free “providers”
As-made Statutory Regulations PDF database via NZLII
Bills from 1860s being prepared also as a PDF database via NZLII
ASI Project - Publishing all “tertiary legislation” with Government and Parliament support
Making the NZL website more “mobile-friendly”
Use of the database by others e.g. GovHack 2015 winners engaging the public in law making

17. And beyond? What else can we each do?
Respective roles – publishing “under authority” – “official status”
The State as supplier of “official” legislation – LIIs as providers and “combiners”
Co-operate and collaborate to provide (critically) free access
Leverage off the databases and infrastructure already existing to improve accessibility and usability – without the costs of the private sector offerings
Support for smaller jurisdictions
eg. NZ’s PCO’s Pacific Drafting Desk model is heavily dependent upon PacLII

18. And finally, the constant challenge for us all – keeping up with the flow is not a new problem!
1912 Cartoon:
“The Session’s Batch”
Prime Minister Massey holding various “babies” representing some of the 1912 Parliament’s Bills: “Not bad for a start, eh?”

19. Acknowledgments & Any Questions
Thank you for listening