Right to Life New Zealand

Right to Life NZ logo.

Right to Life New Zealand is a Christchurch-based pro-life group. It broke away from the New Zealand Society for Protection of the Unborn Child (now Voice for Life) in December 1999 following disagreements about the importance of political lobbying of MP's.

Right to Life New Zealand has conducted a court case against the Abortion Supervisory Committee, New Zealand's abortion regulator since 2005, arguing that the Committee had failed in its alleged statutory responsibility to monitor the legality of individual certifying consultant responsibilities under the Contraception, Sterilisation and Abortion Act 1977. Their case was upheld in part by Miller J,[1] however he refused to issue a declaration that the Committee had failed in its duty.[2]

On appeal, the Court of Appeal found against Right to Life on 1 June 2011. It dismissed their case against the Committee and upheld Wall v Livingston,[3] an earlier Court of Appeal case that found that there was no statutory definition of embryo or foetus under New Zealand law in the context of abortion.[4]

Right to Life New Zealand Inc sought leave to appeal to the Supreme Court. In a decision on 26 August 2011 the Supreme Court (http://www.abortionlaw.co.nz/Judgment_26Aug2011_Supreme_Court_RTL_v_ASC.pdf) granted Right to Life New Zealand Inc leave to appeal in relation to certain issues (including regarding the powers of the Abortion Supervisory Committee), but declined leave to appeal regarding the issues of the rights of the unborn child and independent counselling for women.

The appeal was heard in the Supreme Court on 13 March 2012. A transcript of the oral argument can be read at http://www.courtsofnz.govt.nz/from/transcripts/supreme-court-transcripts-2012/SC-73-2011-Right-to-Life-New-Zealand-Inc-v-The.pdf

The Supreme Court delivered its judgment on 9 August 2012 (http://www.abortionlaw.co.nz/Supreme_Court_9-8-12_Jment.pdf); also reported [2012] 3 NZLR 762 (SC)) declining (by a 3-2 majority decision) the appeal by Right to Life Inc.

Right to Life Inc applied to recall that part of the judgment which dealt with costs, but the recall application was declined by the Supreme Court on 25 October 2012 (http://www.abortionlaw.co.nz/recall_Judgment.pdf).

Right to Life has opposed the introduction of Euthanasia and Physician Assisted Suicide and is currently lobbying against David Seymour's Private Members "End of Life Choice Bill" which was drawn from the ballot on 8th June 2017. The bill is unlikely to be debated by Parliament until after the September 2017 NZ General Elections.

See also

References

  • Marilyn Pryor The Right to Live: The Abortion Battle of New Zealand: Auckland: Haelan Books: 1985 ISBN 0-908630-23-9
  1. ↑ Right to Life New Zealand Inc v Abortion Supervisory Committee [2008] 2 NZLR 825 (HC)
  2. ↑ Right to Life New Zealand Inc v Abortion Supervisory Committee HC Wellington CIV-2005-485-999, 3 August 1999.
  3. ↑ Wall v Linvingston [1982] 1 NZLR 734 (CA)
  4. ↑ Abortion Supervisory Committee v Right to Life New Zealand [2011] NZCA 246 http://www.courtsofnz.govt.nz/front-page/cases/abortion-supervisory-committee-v-right-to-life-new-zealand-inc


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