Two groups appealing a High Court decision on abortion laws must return to the High Court for an order, the Court of Appeal said today.No Right Turn's excellent post for an explanation of what the court proceedings are about, and more on the Abortion Law Reform Association's call for MPs to back an urgent law change if necessary.
The Abortion Supervisory Committee and Right to Life both appealed a judicial review decision on the committee's role by Justice Forrest Miller in the High Court.
The Court of Appeal today dismissed the appeals by both parties, saying the case was outside its jurisdiction and the parties must return to the High Court for a declaration on the powers of the committee as intended by Parliament.
The three Court of Appeal judges noted that as the committee was appointed by Parliament, the matter may be an issue for the legislature rather than the judiciary.
The committee was challenging a decision made last year in the High Court in which Justice Miller questioned the legality of many abortions in New Zealand.
Right to Life cross-appealed, essentially seeking a ban on all abortions by arguing that embryos should be given full human rights.
The group is also challenging abortion counselling in New Zealand.
Tuesday, 12 May 2009
at 2:42 pm by Julie
Heard on the 2pm news, finally found more info on Stuff: