Abortion law 'being used too liberally'
Relevant offers
A High Court judge has ruled that the abortion law is being used more liberally than Parliament intended.
In a review of the workings of the Abortion Supervisory Committee, initiated by Right To Life New Zealand, Justice Forrest Miller said there was a reason to doubt the lawfulness of many abortions.
Jusice Miller was delivering his judgment following a hearing at the High Court at Wellington in April.
Right to Life had claimed the Abortion Supervisory Committee had failed to properly interpret the Contraception Sterilisation and Abortion Act, so "full regard is given to the rights of unborn children".
It sought to find the committee had failed its statutory duty to review the procedure for abortions and enquire into the circumstances in which consultants authorised abortions on mental health grounds.
It said the committee had failed to seek proper information on the mental health grounds from consultants.
It also sought to find the committee had failed in its duty to ensure adequate counselling facilities were available.
A registered practitioner can only lawfully carry out an abortion if they act under a certificate issued by two certifying consultants.
The Abortion Supervisory Committee said it had no power to "review or oversee the clinical decision-making process".
It denied New Zealand had "abortion on request", and said there was no evidence of this.
In his judgment Justice Miller found the Abortion Supervisory Committee had applied the abortion law more liberally than Parliament had intended.
"There is reason to doubt the lawfulness of many abortions authorised by certifying consultants," he said.
Justice Miller said the abortion law neither "confers or recognises" a legal right to life of the unborn child.
However, he said the Bill of Rights, through the abortion law, had recognised the unborn child had a "claim on the conscience of the community, and not merely that of the mother".
The legislation recognised consultants could certify abortions "only where they believe, in good faith, that continuance of the pregnancy would result in serious danger to the mother's life or health".
Justice Miller ruled the committee had comprehensive standards for counselling.
"I conclude that the legislation does not require that counsellors be independent of licensed institutions."
Justice Miller said the committee recognised counsellors should have a recognised qualification and should participate in regular supervision.
It also recognised that information should be provided to women about the options available, and that counsellors should be able to refer women to other agencies and counselling services.
Justice Miller said as Right To Life had succeeded in part to their claim, they were entitled to costs.
Right To Life and Family First today welcomed the decision.
"It is the most important development in abortion law in New Zealand in the last 30 years," Right to Life spokesman Ken Orr told Radio New Zealand.
He said the court acknowledged that "we have abortion on demand in New Zealand".
Mr Orr said Parliament needed to give legal recognition to the unborn child – as a human being with human rights.
"We would like to see greater protection to the rights of unborn children."
He said if the judgment was upheld then there would be a "substantial reduction of abortions in New Zealand".
Family First national director Bob McCoskrie said the Abortion Supervisory Committee's "lack of supervision and inaction" had led to abortion on demand.
"As a result, approximately 18,000 abortions are performed every year, and since 1991, the number of 11 to 14-year-olds having an abortion has increased by 144 per cent.
"The number of abortions for 15 to 19-year-olds has increased by 74 per cent."
Mr McCoskrie said each week, almost 80 teenagers had an abortion.
Women's National Abortion Campaign spokeswoman Di Cleary said a decision to abort should be up to the woman, and trying to legally enforce the rights of an unborn child would result in women being treated like children.
"That would be horrendous. That would be bringing back a society, I think, most people thought had gone," she told Radio New Zealand.
"Right to Lifers really have to look at their own harassing techniques, they'd do anything and they privilege the foetus before women."
Family Planning chief executive Jackie Edmond said it was hard to see what the impact of today's High Court ruling would be at this stage, but that Family Planning was concerned about any decision that might slow the process for women.
"The reality for us is that the two certifying consultants are two more barriers for women and if there are extra restraints put on some of the ground that could make it even more time consuming and difficult for women."
Ms Edmond said abortion laws were outdated and did need looking at, but that today's ruling was not being looked at by Family Planning as a victory of any sort.
"We're disappointed with this judgment because the Right to Life organisation is really trying to restrict access to abortion. This is their motivation and that is not something we support."
- NZPA
Sponsored links
Its funny how the world had developed. Over the years people have managed to kill their enemies,then people they didnt like, then eventually started killing their family. And now we are even killing our unborn children. What is next! Ask yourself, religeous or not, who the hell gives you the right to choose to take a life that a greater god created. I am 17 years old and i am smart enouf to understand the concept of death, and the beuty of life. If 11-17 year olds are not fit to have children, why in heavens name are they having sex. Abortion is murder. Ask yourself if you are a murderer the next time you tell yourself abortion is ok!
All of these comments go to show how ridiculously feminised and hedonistic New Zealand society has become. Men do have a right to their opinion, to enforce law and to create law that protects equally the rights of all human beings from conception til death. It is also in womens interests not to have abortions as it often adversally affects their mental health. No man or woman has carte blanche rights to damaging themselves (they can sectioned under the mental health act) and the issue of unnecessary abortions of unborn children (many of them female) needs to be dealt with. How many New Zealanders have come from difficult upbringings but would chose their own surgical oblivion in preference? It is typical for the public and media here to confuse issues. Underage sex is not being solved with abortion on tap. Perhaps if the consequences of promiscuity for both the boys and girls involved was a commitment to their child then their would be more incentive to practise safer sex and abstinence. Besides which teenage motherhood is not the end of the world for either party but it certainl is for the aorted foetus.
The arguement that presented by Lina in the first post following the lead article, namely "i cant see how any male has the right to judge this issue, abortion is a womans choice" makes to me as much sense as someone who says "i cant see how any male has the right to judge in a trial involving a homicide committed by a women". Or for that matter a male judge sentencing a woman on a charge of careless use of a motor vehicle.
It will also not mattter how much money the Government throws at sex education and sexual health clinics. This is just fuel to the fire.
And to Coralie if mental health issues are the rationale to kill children then I might have been tempted to kill my children years ago. What parent does not have mental health issues with children??? Does this mean we can kill them because at times they inconvenience us??
And to Michelle who talks about the world being over-populated. How invasive the Malthusian lie has become. There is not an over-population problem in the world. There is a wealth distriburtion problem. It always astounds me when I hear those who advocate abortion for those born into poorer circumstances than their own. Surely in itself is this not preaching eugenics?
When we decided to allow the State sanctioned killing of our unborn children, New Zealand started to go downhill, and we sure are on a downhill slide right now.
As usual the figures have not been explained. How many of the 18000 are from overseas, eg international students? How many of the 18000 are the same person? How many of the 18000 were from rape or incest? etc etc. If there is free contraception to every woman, none of the Bush push to abstinence with no other advice, and perhaps a user pays for more than 3 repeat abortions, fine.
Otherwise, a sale on knitting needles with a hook please. Or, an elongated crochet hook. Also be prepared for more death by bad abortion doctors.
McCoskrie should be spending his time guiding young men into not pursuing sex with young women or using/raping young women when they are drunk, with no affection or respect or use of condoms.
Condoms = few abortions. McCoskrie has an agenda to reverse all rights for women. Why can't women see this? Men should never again be allowed the power over women that they once had.
The most frightening picture I have ever seen was a 19thC photograph of a ladies' knitting circle printed in a history of contraception in New Zealand.
Back to the past for women unless they recognise what they are in danger of losing here. Women are not equal with men in wages, in individual rights or in safety. Whatever rights have been secured for women, many only recently (rape in marriage still legal until 1986) will be reversed if women are not eternally vigilant.
I would mention to Anne Harrison that while I agree the numbers are too high, no one ever seems to take men to task for these numbers. Or are pregnancies immaculate conceptions? Religion is certainly gaining in media coverage and male support.
If women's freedom to access free safe abortions comes under threat so should the freedom of men who caused/part caused the pregnancy whether they were just sperm givers, rapists, 'incestors' or abused women while either/both drunk. All users should be responsible.
78: Said "At the moment of conception, a life starts. And this life has its own unique set of DNA, which contains a blueprint for the whole genetic makeup..."
So an egg and sperm are not living before they join together during fertiliZation- how does that happen??? It is completely false to say that life begins at conception- as the egg and sperm are alive way BEFORE that process!!
As for your weak DNA argument- well guess what a tree has DNA. The Flu has DNA. Your liver is full of DNA. How does DNA get you into the legal human club? Can you claim an unborn child on your taxes?
Who died and made you all God? The highest value is life not convenience. If a woman can't manage her own contraception she should live with the consequences and not take the right of another life away. We should not have the right to terminate life because it is an inconvenience or as you have said "a lesser of 2 evils to be killed before birth than suffer after birth". When people can choose to end life based on our own personal judgements we are walking on very dangerous ground...if you take that train of thinking to its full conclusion and apply to people who are living but suffering...it's ramifications are huge!
This is a just ruling today in court & one which should be applauded. Abortion is the highest level of child abuse in our nation. It can never be excused by any selfish reason or inconvenience. Woman's rights over the unborn child is crazy logic(especially if its a female unborn child). Common sense is being restored to this area at last. The consequences on woman's mental, physical & emotional health of abortion is in itself enough to persuade people from pursing this option. Yes - to help for the mother & child, adoption if necessary, but not to sucking the life out of an unborn child & disposing of it in the garbage.
Exactly - Society owes much to the very few (to paraphrase Churchill) - Where, for instance, might WWII have gone without the brilliance of Turing?
Questions of morality are best left alone by legislation, each and every person must answer to God and conscience. Of course most people know someone who has had an abortion, the unfortunate reality is that society is not well structured at the moment for people to support children, requisite education/maturity from the possible parents is probably lacking and often finances also. I'm sure not many (young) women go into such an operation without a certain amount of reflection, it is how much time spent subsequent on that self same reflection that only they can answer.
Tension high as lethal log pile cleared
Victim was holding bat, says witness
Engineer's report prompts mall evacuation
One dead after Hawke's Bay crash
Uzbek pleads guilty to Obama kill plot
Man missing after Harbour Bridge fall
Police monitor Hells Angels bike ride
Teen window cleaner stable after fall
World Press Photo of the Year chosen
Earthquakes shake north and south of NZ
NZ police access Facebook evidence
Earthquakes shake north and south of NZ
Engineer's report prompts mall evacuation
Quakes blow Wellington's benchmark
Author, 12, gives proceeds to cancer research
Baby murder-accused sobs, sniffles in court
Plucky mother intent on recovery
NZ police access Facebook evidence
A burning issue: When coffins get too big
Helmet law halves cyclist numbers
Top selling games in New Zealand
Old trains more reliable than new Matangi
Auckland news, sport, entertainment and more
All you need to know about what's happening in Auckland now
Newest First
Oldest First








i had to have a hysterectomy due to problems with my first husband but the man i have met now has no children of his own i wish i could give him one but this is impossible because of wat i went through with my first husband i am only 44 gosh it would be nice to give my new partener a child .a as he is excelent with children. he never had a serious relationship in the past can some one help me please jill