Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Supreme Court – Appeal of Right to Life

16 March 2012

Media Release

Supreme Court – Appeal of Right to Life

The Supreme Court heard the appeal of Right to Life on the judgment of the Court of Appeal on the 13th March 2012. The matter was the Judicial Review of the Performance of the Abortion Supervisory Committee. The Court comprised the Right Hon Justice Sian Elias, presiding, the Hon Justices Blanchard, Tipping, McGrath and Young. These proceedings commenced in the High Court in Wellington in May 2005.

Leave to appeal was granted in a judgment of the Court dated 26 August
2011 on the following grounds:
(a) Whether the respondent Committee’s functions under ss 14(1)(a),(i) and (k) and 36 of the Contraception, Sterilisation and Abortion Act 1977 empower it to review or scrutinise the decisions of certifying consultants and form its own view about the lawfulness of their decisions to the extent necessary to perform its functions.

(b) If so, whether there is any evidential foundation for the High Court’s finding that “the approved rates [for abortions] seems remarkably high, bearing in mind that under s 187(A) [of the Crimes Act 1961] the consultants must form a good faith opinion that continuance of the pregnancy would result in serious danger to the mother’s health”.

(c) Whether the High Court has jurisdiction to consider whether certifying consultants are obeying the “abortion law” (as defined) and, if so, whether there is any evidential foundation for the High Court’s finding that “there is reason to doubt the lawfulness of many abortions authorised by certifying consultants”.



Should the Supreme Court accept the submission of Right to Life and find that the Abortion Supervisory Committee has a statutory duty and the powers to hold certifying consultants accountable for the abortions that they authorise, it should result in certifying consultants being required to justify to the Committee the authorisation of the 98 per cent of abortions on mental health grounds.

Judgment was reserved by the Court and is expected to be delivered within three months.

The counsel for Right to Life were Peter Mckenzie QC, Dr Ian Bassett and Miss Rachel Chan. The counsel for the Abortion Supervisory Committee were Ms Cheryl Gwyn and Ms W.Aldred of the Crown Law Office.

Ken Orr,
Spokesperson,

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

SCOOP COVERAGE: CHRISTCHURCH MOSQUES TERROR ATTACK


RBNZ Act Review: Govt Plans Deposit Guarantee Scheme

The Coalition Government today announced moves to make New Zealand’s banking system safer for customers through a new deposit protection regime, and work to strengthen accountability for banks’ actions.

The in-principle decisions are part of Phase 2 of the Review of the Reserve Bank Act, which is making sure the 30-year old laws regulating our banking system are up to scratch. More>>

ALSO:

 
 

Stats NZ: Gender Inclusive Questions Introduced

More than 28,000 New Zealand households will be asked to take part in the upcoming Household Economic Survey. Starting this year, the survey will ask people to describe their gender – whether that is male, female, or if they see themselves another way, such as one of many non-binary genders. More>>

New Report: Are We Listening To Children?

A report released today is a sharp reminder that what children and young people say makes a difference, and that it’s time we paid more attention to their views, says Children’s Commissioner Andrew Becroft. More>>

ALSO:

The Nation: Canadian Euthanasia Practitioner Stefanie Green

The euthanasia debate is progressing, with the End of Life Choice Bill expected to have its second reading in Parliament on Wednesday. A similar bill was passed in Canada in 2016 ... More>>

ALSO:

Gordon Campbell: On The Gun Buy-Back Scheme

Do gun amnesties and buy-backs save lives? Since it’s always difficult to exclude all of the socio-economic factors that may be operating in parallel, the die-hard denialists in the gun lobby will always be able to find a bit of wiggle room. More>>

ALSO:

Gordon Campbell: On The New Op Burnham Revelations

Eight centuries ago at Beziers in France, the papal soldiers besieging the town faced much the same problem as the New Zealand troops engaged in Operation Burnham – namely, how to how to tell the difference among the town’s inhabitants as to which were Cathar heretics, and which were true Catholics... More>>

ALSO:

World Refugee Day: Former Refugees Say Policy Must Change

This year, 1000 refugees will be able to resettle here in New Zealand - but there are restrictions on where those people can come from. More>>

ALSO:

The Lobbyist Staffer: PM Defends Handling Of Conflicts Of Interest

Prime Minister Jacinda Ardern says she's comfortable with the way her interim chief of staff's conflicts of interest were managed. More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels