Silly Laws and Law makers!

The Hauraki District Council, it has been reported, has given up on the Sale and Supply of Liquor Act. It had become too costly to defend their position. It is another example of legislation that is not fit for purpose! It was badly conceived, badly drafted and is virtually inoperable.

Legislation on the fly doesn’t work. It became apparent that under the Sale and Supply of Liquor Act’s initial draft that Mini Bars in rooms would need to be closed between 4.00 am and 8.00 am. That would have worked! When this was pointed out to the Politicians they said we had to make it work; fortunately saner heads prevailed. Of course we had the debacle of the Rugby World Cup, special amendments had to be made to the Act so that we weren’t criminalising ordinary people who wanted to go and join with others in a Bar to watch the games live. To listen to the doomsayers who opposed the amendments, the social and moral fabric of our society was at risk; “Yeah right”! The question is why this had to happen at all, good legislation doesn’t need to be amended so soon after its enactment!

We now have the Australians sending home their unwanted New Zealanders (and keeping and claiming the one’s they like) and we have to have special legislation to cope with these people. I know there are some real dangerous idiots amongst them but if they have done their time do we punish them again because our “Mates” have sent them from their home to here. I am not up with the law here but isn’t that a bit wrong.

Even if they have further constraints to their sentence (probation etc.), isn’t there already an understanding between the courts and the police of the two countries on protocols where this has happened in the past. Tell me it isn’t so that there is no communication and agreement between these organisations already.

My old boss used to point me at Sir George Laking’s (ex Ombudsman) rules on good legislation. Legislation had to pass 4 rules to be considered good; 1 It needed to be understandable, 2 it need to accessible, 3 it needed to be fair and 4 it needed to be enforceable.

We seem to be getting legislation driven by popularity polls, blatant self-interest or expediency and as a result we are getting confused law makers, confused enforcers and a confused public.

We are creating laws for the wrong reasons, we are trying to right social ills by law and we are making it more and more difficult for the general public to not commit “criminal” acts. We are finding ways to support self-interest (Health and Safety law; confusing and expensive and easy to avoid [Pike River]) and pandering to vocal, media supported celebrities i.e. Red Peaks.

The role of Government is to Govern. It is to protect the public good and to ensure that the best interests of the people are served. Governments own nothing they are the elected custodians of the assets of the people.

We are a long way from that currently and we need to start addressing the balance and it would be good if they started applying George Laking’s rules to the laws that they are enacting.