MEDIA RELEASE

12 May 2009
Abortion Law Reform Association of NZ

Appeal Court Dismisses Abortion Case

“An expensive waste of the court’s time” was the comment by Alranz President Dr Margaret Sparrow when the long running case of Right To Life New Zealand v Abortion Supervisory Committee was dismissed by the three judges of the Appeal Court in a hearing today.

Crown Law representing the Abortion Supervisory Committee had sought a ruling as to the admissibility of the case and the advice from Appeal Court Judge Baragwanath on 17 July was that it should proceed.

However three Appeal Court Judges (Robertson, Hammond and Chambers) said that the case as it stood was outside the jurisdiction of the Appeal Court. The previous High Court case heard by Mr Justice Miller on 7-9 April 2008 had not resulted in any order, judgment, decree or mandatory declaration against which an appeal could be lodged. The cross-appeal by Right To Life was also dismissed.

The Appeal Court recommended that the case be reheard in the High Court and if an order was made, then it was possible that an appeal could then be lodged against that order.

No order was made regarding costs which means that this costly legal exercise is once again supported by the taxpayers of New Zealand.

A secondary but important reason for dismissing the appeal was the concern expressed by the judges that constitutional matters are for parliament and not the courts.

“The Abortion Supervisory Committee was set up by parliament in 1977, it reports directly to parliament and it is supervised by the Justice and Law Reform Select Committee. So even though parliament does not wish to be involved in the case they must accept some responsibility” said Dr Sparrow said.

For more information about NZ’s abortion laws, visit: www.alranz.org
For a timeline of the case, click on May 2009 Newsletter.

ENDS

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