Abortion ban battle back in court

A four-year court battle over abortion laws in New Zealand, which has cost the public a quarter of a million dollars, returns to the High Court in Wellington tomorrow.

Anti-abortion group Right to Life is essentially seeking a ban on all abortions by arguing embryos should be given full human rights.

It has been pursuing the issue in the court since May 2005 with the government's Abortion Supervisory Committee (ASC) defending the claim.

Since the start of court proceedings, the total cost to public funds was $279,850.55, ASC told pro-choice group Abortion Law Reform Association New Zealand (ALRANZ) after an official information act request.

ALRANZ president Dr Margaret Sparrow said Parliament could put a stop to the expensive legal battle by following the Australian state of Victoria and decriminalising abortion.

"Abortion is not a crime and should be treated like any other private medical matter."

Nine judges had been involved in the case so far, Dr Sparrow said.

"Right to Life has called the money spent on abortion services `scandalous', but the real scandal is engaging in costly litigation aimed at taking away rights and freedoms and health services enjoyed by New Zealand women."

If Right to Life was successful in a rguing embryos and fetuses should be persons under the law, there would also be implications for IVF, stem-cell research and contraceptive methods like IUDs and emergency contraception, Dr Sparrow said.

Justice Forrest Miller in the High Court, who heard the case last year, questioned the legality of many abortions carried out in New Zealand.

ASC appealed Justice Miller's decision and Right to Life cross-appealed, arguing that embryos should be given full human rights.

Right to Life is also challenging abortion counselling in New Zealand.

The Court of Appeal dismissed both parties' appeals in May.

It said the case was outside its jurisdiction and the parties must return to the High Court for a declaration on the powers of the ASC as intended by Parliament.

- NZPA