Right to Life New Zealand Inc v The Abortion Supervisory Committee - SC 73/2011

Summary

Civil Appeal – Contraception, Sterilisation and Abortion Act 1977 – Whether Court of Appeal erred in holding that none of statutory functions or powers of Abortion Supervisory Committee entitle or require Committee to scrutinise or review certifying consultants’ particular clinical decisions or diagnoses after the fact – Whether judicial review requires that applicant identify a decision challenged – Whether Court of Appeal erred in holding counselling services provided under CSA Act were “adequate” – Whether Court of Appeal erred in implicitly finding no State and common law interest in preservation of life of unborn child which ought to influence interpretation of CSA Act.[2011] NZCA 246 CA 522/2009

Result

A. Leave to appeal is granted.
B. The approved grounds are:
(a) Whether the respondent Committee’s functions under ss 14(1)(a), (i) and (k) and 36 of the Contraception, Sterilisation and Abortion Act 1977 empower it to review or scrutinise the decisions of certifying consultants and form its own view about the lawfulness of their decisions to the extent necessary to perform its functions.

(b) If so, whether there is any evidential foundation for the High
Court’ s finding that “the approval rates [for abortions] seems remarkably high, bearing in mind that under s 187(A) [of the Crimes Act 1961] the consultants must form a good faith opinion that continuance of the pregnancy would result in serious danger to the mother’s health”.

(c) Whether the High Court has jurisdiction to consider whether
certifying consultants are obeying the “abortion law” (as defined) and, if so, whether there is any evidential foundation for the High Court’s finding that “there is reason to doubt the lawfulness of many abortions authorised by certifying consultants”.

26 August 2011

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The appeal is dismissed.

9 August 2012

Additional Information

Transcript

Hearing date : 13 March 2012

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.