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

 

Baby's Blood - Property Rights

The paternity blood-access ruling highlighted in the Auckland High Court last week seems to raise property as well as privacy issues. John Howard, who is the head researcher for the Magna Carta Society, says.

As recently as 1988 the New Zealand Parliament again enacted into law the Imperial Laws Application Act, in particular, Chapter 29 of 25 Edw I (Magna Carta) 1297.

That Chapter states " No freeman shall be......disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any other wise destroyed; nor will we not pass upon him, nor condemn him, but by the lawful judgment of his peers or by the law of the land. We will sell to no man, we will not deny or defer to any man either justice or right."

A discretionary decision of a government organisation is not the "law of the land".

An interpretation of Chapter 29 was provided in the Australian landmark case Ex parte Walsh and Johnson; in re Yates (1925) 27 CLR 39,79 Isaacs J.

"Chapter 29 of Magna Carta recognises three basic principles namely, (1) Primarily every free man has an inherent individual right to his life, liberty, property and citizenship; (2) his individual rights must always yield to the necessities of the general welfare at the will of the State; (3) the law of the land is the only mode by which the State can so declare its will."

There does not appear to be any "law of the land" by which the State has declared its will in this matter or which expressly extinguishes the baby's right to the property - the blood.

Whose property, therefore, is the stored blood? The baby's, the parents or the State? That is surely the central question.

It should not be too hard to argue that the blood is the property of the baby. Perhaps even the parent, but then, the Commissioner for Children might have something to say about that.

It appears there is already legislation through Magna Carta which protects the property rights of the baby and there is no other law which explicitly extinguished that right.

Email: magnacarta@minidata.co.nz

ENDS

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Oprah as a Presidential Hopeful

Oprah for President…That was one of those summer silly season stories, right ? Maybe not.

On the morning after the Golden Globes Awards ceremony where she delivered That Speech (“I want all the girls watching here now to know that a new day is on the horizon!”) a lot of people seem to have woken up in the cold light of day with a vision of President Winfrey still dancing in their heads.

Oprah’s presidential run may have legs…More


 

Gordon Campbell: On Jim Anderton
For anyone born after 1975, it is hard to grasp just how important a figure Jim Anderton was, for an entire generation.
During the mid to late 1980s, Anderton was the only significant public figure of resistance to the Labour government’s headlong embrace of Thatcherism...More>>

ALSO:


Gong Time: New Year's Honours List

Jacinda Ardern today congratulated the 179 New Zealanders named on the 2018 New Year’s Honours List.

“Although this list was compiled and completed by the last government, it is a pleasure to welcome in the New Year by recognising exceptional New Zealanders,” Jacinda Ardern said.

“As an Aunty, I love reading books to my nieces, so it’s lovely to congratulate Joy Cowley, who is made a member of the Order of New Zealand today....More
Full list


Roads: National launches bid to save highway projects

The National Party has launched a series of petitions aimed at saving regional highway projects at risk because of the Government’s obsession with Auckland trams…More>>

ALSO:


Medical Cannabis: Bill Introduced to “ease suffering”

Health Minister Dr David Clark says making medicinal cannabis more readily available will help relieve the suffering of people who are dying in pain More>>

ALSO:

Campbell: On The Quest For Zero Net Carbon Emissions
Some would querulously ask, zero net carbon emissions by 2050 – while others would say, why not?
More>>

ALSO:

CPAG Report: The Further Fraying Of The Welfare Safety Net

New Zealand’s welfare system has undergone a major transformation during the past three decades. This process has seriously thwarted the original intent of the system, which was to provide a decent standard of living for all New Zealanders in times of need... More>>

ALSO:


 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages