Abortion

"The abortion law certainly asserts a state interest in protecting the unborn child, and not merely an interest in ensuring that women may have safe and legal abortions."

Justice Miller, June 2008

Justice Miller, the Judge who heard the case in which Right to Life, a pro-life charity, had taken the ASC to Court alleging they have been failing to fulfil their duties and to ensure the law is being interpreted as intended. Justice Miller agreed that at the moment in New Zealand we seem to effectively have abortion on demand, with figures showing that some certifying consultants decline very few or no abortions whatsoever. Justice Miller found that the ASC were wrong in their interpretation of the law that they had no power to "review or scrutinise" decisions made by consultants, and that this is in fact one of their functions. While Right to Life's argument that an unborn child should have a legal right to life was not upheld, Justice Miller held that our abortion laws show that "the unborn child has a claim on the conscience of the community."

Justice Miller's judgement is here.