Abortion law appeal thrown out

A long-running court case attempting to thrash out the lawfulness of abortions has been a "complete waste of taxpayers' money'' and the law needs to be reviewed by politicians, the Abortion Law Reform Association says.

The Court of Appeal yesterday threw out an appeal by two groups over a High Court decision that expressed "powerful misgivings'' about the lawfulness of many abortions in New Zealand.

It said the matter must return to the High Court for an order. The judges also questioned whether it was a matter for the courts, or something more relevant to Parliament.

Abortion Law Reform Association president Margaret Sparrow said the 32-year-old Contraception, Sterilisation and Abortion Act was "creaking at the seams'' and needed to be reviewed.

By law, women seeking an abortion must convince a certifying consultant that continuing the pregnancy would pose a serious danger to her physical or mental health.

More than 98 per cent of abortions are authorised on the grounds of a risk to mental health  a figure that High Court judge Forrest Miller considered remarkably high.

In his decision last year, he said doctors might be applying the law more liberally than Parliament had intended and said the Abortion Supervisory Committee should take a more active role in reviewing the legality of abortions.

The committee, which administers abortions, appealed against the decision.

Anti-abortion group Right to Life cross-appealed, seeking a ban on all abortions by arguing that embryos should be given full human rights.

The three Court of Appeal judges dismissed the appeals, saying the parties must return to the High Court for a declaration on the committee's powers as intended by Parliament.

But Dr Sparrow said the committee was set up and answerable to Parliament, so Parliament's should define its role.

- © Fairfax NZ News