Crown counsel acting for the Abortion Supervisory Committee has advised that the Committee had lodged an appeal with the Court of Appeal.
This appeal is from the judgment of Justice Forrest Miller delivered on 9 June 2008 at the completion of a Judicial Review of the Abortion Supervisory Committee in the High Court in Wellington.
The judgment found that “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” Justice Miller stated that ; “In my opinion , the statistics and the Committee’s comments over the years since the Court of Appeal made that observation do give rise to powerful misgivings about the lawfulness of many abortions. They tend to confirm Dr Forster’s view that New Zealand essentially has abortion on request.” The Court held that the Committee does in fact have the power to review and scrutinise the decisions of certifying consultants and to require them to keep records and question them on the use of the mental health ground to authorise 98% of the abortions in New Zealand.