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


Right to Life Seeks Leave to Appeal to Supreme Court

24 June 2011

Media Release

Right to Life Seeks Leave to Appeal to Supreme Court

Right to Life, has resolved to seek leave of the Supreme Court to allow an appeal against the judgment of the Court of Appeal. The Court of Appeal stated in its judgment of 1 June 2011 on the appeal of the Abortion Supervisory Committee and the cross appeal of Right to Life that the unborn child did not have a right to life.

The Appeal Court also overturned the judgment of Justice Forrest Miller in the High Court in 2008 which found that:

"The Committee does in fact have the power to require certifying consultants to keep records and report on cases they have considered." He also stated, "There is reason to doubt the lawfulness of many abortions authorised by certifying consultants. Indeed the Committee itself has stated that the law is being used more liberally than Parliament intended."

Right to Life supports the dissenting opinion of Justice Arnold in the Court of Appeal, who stated that, "it is implausible that Parliament would have intended to preclude the Committee from keeping under review the way in which they performed their role."

Right to Life seeks to appeal on the following matters:

The legal recognition of children before birth as human beings endowed at conception by the Creator with human rights, the foundation right being a right to life.

Recognition that the Abortion Supervisory Committee has the statutory power and duty to review the performance of certifying consultants so that they may be accountable for the lawfulness of the abortions they authorise.

Recognition that abortion counsellors should be independent of abortion providers.

The overturning of the costs awarded by the Court of Appeal to the Abortion Supervisory Committee.

The right to life is the foundation of a civilised society. It is an indispensable guarantee of the individual worth of the person within it. The first duty of the State is to protect the right to life of all its members including its unborn children. To deny the right to life of unborn children is a violation of its human rights and a grave injustice.

Human life begins at conception and the new human being is endowed by its Creator with human rights, the foundation right being a right to life, these rights are inalienable and universal. From conception the new human being is entitled to the respect and protection due to the human person. Right to Life contends that unborn children as members of the human family are entitled to the protection of the New Zealand Bill of Rights, section 8 titled, Right not to be deprived of life. which states,

"No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice."

Right to Life contends that this is the justice issue of our era. The Royal Commission on Contraception, Sterilisation and Abortion, in its report to Parliament in 1977 stated that:

"The unborn child as one of the weakest and most vulnerable forms of humanity should receive protection."

Justice Miller, in his judgment of 9 June 2008, stated that:

"the rule according human rights only at birth is founded on convenience rather that medical or moral grounds." And "A legal right to life would be incongruous in such a law, for it would treat the unborn child as a separate legal person, possessing a status fundamentally incompatible with induced abortion, far from modifying the born alive rule, the abortion law rests on it."

Right to Life commenced these proceedings as a Judicial Review of the Performance of the Supervisory Committee in 2005 in the High Court in Wellington. In the event that leave is granted to appeal to the Supreme Court, it is anticipated that the appeal may be heard early in 2012.

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Mosque Movie, And The Demise Of Netanyahu

Plainly, a whole lot of New Zealanders – including PM Jacinda Ardern - are not on board with They Are Us, the mooted film project intended about the Christchurch mosque shootings. Here’s how the original Hollywood Reporter story described the gist of They Are Us... More>>


Government: To Apologize For Dawn Raids

The Government will make a formal apology for the wrongs committed during the Dawn Raids of the 1970’s.
Between 1974 and 1976, a series of rigorous immigration enforcement policies were carried out that resulted in targeted raids on the homes of Pacific families... More>>


Trade: EU And UK FTAs Top Of List For First Ministerial Trip Since COVID-19

Trade and Export Growth Minister Damien O’Connor today announced details of his planned visit to the United Kingdom and European Union next week, where he will hold trade and agriculture discussions to further New Zealand’s economic recovery from COVID-19... More>>

Transport: Clean Car Package To Drive Down Emissions

The Government is taking action in line with the advice of the Climate Change Commission to increase the uptake of low emission vehicles by introducing a range of measures that will help meet New Zealand’s 2050 carbon neutral target... More>>


Jewish Council: New Zealand Not Immune From Rise In Antisemitism

The representative body of New Zealand Jewry, the NZ Jewish Council (NZJC), has expressed concern about the high number of antisemitic incidents in New Zealand recorded last month. Spokesperson for the NZJC, Juliet Moses, said... More>>

NZNO: Nurses Reject DHB Offer And Confirm Strike Action

The New Zealand Nurses Organisation says its 30,000 members who work in DHBs have voted overwhelmingly to reject a second offer in their current round of multi-employer collective agreement (MECA) negotiations... More>>





InfoPages News Channels