Prolife NZ Hoping For Clear Declaratory Orders in Court Case
Prolife NZ is looking forward to Justice Miller issuing declaratory orders tomorrow that will clearly define the
responsibilities of the Abortion Supervisory Committee (ASC).
The case which will be held in the High Court in Wellington is scheduled for Monday 20 July. Justice Miller will at this
time make declaratory orders following his ruling in the July 2008 case, Right to Life vs. the Crown.
At present, the ASC permits over 98% of abortions to be approved by certifying consultants using the mental-health
clause in the abortion law. Justice Miller stated in July 2008 that “There is reason to doubt the lawfulness of many
abortions authorised by certifying consultants," and that "The [ASC] has misinterpreted its functions and powers".
However he did not issue explicit declaratory orders. Declaratory orders will give clearer direction to the ASC in how
they apply the abortion law in New Zealand. Clearly defined declaratory orders will also mean that Parliament is able to
ensure that the ASC is fulfilling its duties.
The ASC has determined to ignore Justice Miller's July 2008 statement, contacting all certifying consultants and
recommending that they continue approving abortions as before - despite the Justice's concern. The ASC has also voiced
opposition to the Justice issuing declaratory orders, claiming that they are unnecessary and may lead to confusion.
"These are clearly the tactics of a committee that are scared. Prolife NZ is surprised that the committee should resort
to such a desperate and underhanded measure," said Prolife NZ National Director Andy Moore.
"We welcome this court case, as a positive outcome will result in the law being applied as it was originally intended.
This will in turn result in fewer women being hurt by abortion and fewer babies being killed".
ENDS