Right to Life New Zealand
Right to Life New Zealand is a Christchurch-based pro-life group. It broke away from the New Zealand Society for Protection of the Unborn Child (now Voice for Life[1]) in 2000 following disagreements between the Christchurch branch spokesperson Ken Orr and the national leadership over lobbying tactics.[2] Besides opposing abortion, Right to Life NZ opposes euthanasia, sex education, and the LGBT "agenda."[3]
History
Origins
Right to Life originated as the Christchurch branch of the New Zealand Society for the Protection of the Unborn Child (SPUC), now known as Voice for Life.[1] In 2000, the Christchurch branch of SPUC was expelled from the national organisation due to disagreements between the branch's spokesperson Ken Orr and the national organisation over lobbying tactics. While Ken Orr wanted to push for anti-abortion legislation, the national leadership wanted to wait for a strong pro-life government. In September 2000, the Christchurch branch of SPUC formerly revamped itself as Right to Life New Zealand.[2]
Nikki's Case, 2002
In 2002, Right to Life won a court case known as "Nikki's Case" in which a fetus was made a ward of the court after the mother decided to allow the birth to be filmed for a pornographic movie. According to journalist Allison McCulloch, this court challenge was part of Right to Life's campaign to enshrine the right of the fertilised egg in New Zealand law.[4]
Legal proceedings against the Abortion Supervisory Committee, 2008–2011
Between 2005 and 2012, Right to Life New Zealand's leader Ken Orr pursued a court case against the Abortion Supervisory Committee, New Zealand's abortion regulator since 2005, arguing that the Committee had failed in its statutory responsibility to monitor the legality of individual certifying consultant responsibilities under the Contraception, Sterilisation and Abortion Act 1977, protect fetuses, and stop abortion on demand. In 2008, Right to Life's case was upheld in part by Miller J,[5] however he refused to issue a declaration that the Committee had failed in its duty.[6][1][7]
On appeal, the Court of Appeal found against Right to Life on 1 June 2011. It dismissed their case against the Committee and upheld Wall v Livingston,[8] an earlier Court of Appeal case that found that there was no statutory definition of embryo or foetus under New Zealand law in the context of abortion. The Court of Appeal also ruled that there was no foetal right to life.[9][1]
Right to Life New Zealand Inc sought leave to appeal to the Supreme Court of New Zealand. In a decision on 26 August 2011 the Supreme Court granted Right to Life New Zealand Inc leave to appeal in relation to certain issues (including regarding the powers of the Abortion Supervisory Committee), but declined leave to appeal regarding the issues of the rights of the unborn child and independent counselling for women.[10]
The appeal was heard in the Supreme Court on 13 March 2012. The Supreme Court delivered its judgment on 9 August 2012, declining Right to Life's appeal by a 3-2 majority decision and upholding the Wall v. Livingston decision. The Court ruled that the Abortion Supervisory Committee could not investigate the decision-making of certifying consultants in individual cases but also made it clear that the ASC could ask consultants how they were making their decisions in general. Orr claimed the latter ruling as a victory in holding consultants accountable for abortions that they authorised.[11][12] Right to Life Inc applied to recall that part of the judgment which dealt with costs, but the recall application was declined by the Supreme Court on 25 October 2012.[13]
Recent campaigns
Since 2017, Right to Life New Zealand has also opposed efforts to legalise euthanasia and assisted suicide. As of 2019, the group is lobbying against ACT Party leader David Seymour's proposed End of Life Choice Bill, which passed its second reading in late June 2019.[14][15] In addition, Right to Life also opposes contraception, In vitro fertilisation, and prenatal testing.[4]
In August 2019, Right to Life NZ urged supporters to make submissions opposing the Labour-led coalition government's proposed Abortion Legislation Act 2020, which intends to remove abortion from the Crimes Act 1961 and ease access to termination services.[16]
References
- Cook, Megan (8 November 2018). "Abortion: 1990s to 21st century". Te Ara: the Encyclopedia of New Zealand. New Zealand Government. Retrieved 3 October 2019.
- McCulloch 2013, p. 74.
- "About us". Right to Life New Zealand. Retrieved 4 October 2019.
- McCulloch 2013, p. 269.
- Right to Life New Zealand Inc v Abortion Supervisory Committee [2008] 2 NZLR 825 (HC)
- Right to Life New Zealand Inc v Abortion Supervisory Committee HC Wellington CIV-2005-485-999, 3 August 1999.
- McCulloch 2013, pp. 260–261.
- Wall v Linvingston [1982] 1 NZLR 734 (CA)
- "Abortion Supervisory Committee v Right to Life New Zealand [2011]" (PDF). Global Health and Human Rights Database. 1 June 2011. Archived from the original (PDF) on 3 March 2015. Retrieved 4 October 2019.
- "Right to Life New Zealand vs the Abortion Supervisory Committee SC 73/2011 [2011] NZSC 97". Courts of New Zealand. New Zealand Government. 26 August 2011. Archived from the original on 7 February 2018. Retrieved 4 October 2019.
- "Right to Life New Zealand Inc v The Abortion Supervisory Committee [2012] NZSC 68". Courts of New Zealand. New Zealand Government. 9 August 2012. Archived from the original on 29 January 2019. Retrieved 4 October 2019.
- McCulloch 2013, p. 261.
- "Right to Life New Zealand Inc v The Abortion Supervisory Committee - Recall Application [2012] NZSC 89". Courts of New Zealand. New Zealand Government. 25 October 2012. Archived from the original on 29 January 2019. Retrieved 4 October 2019.
- "Euthanasia". Right to Life New Zealand. Retrieved 4 October 2019.
- "Euthanasia bill passes second reading". The New Zealand Herald. 26 June 2019. Retrieved 26 June 2019.
- "Make Submission on Abortion Legislation Bill". Right to Life New Zealand. Retrieved 4 October 2019.
Further reading
- Cook, Megan (8 November 2018). "Abortion: 1990s to 21st century". Te Ara: the Encyclopedia of New Zealand. New Zealand Government. Retrieved 3 October 2019.
- McCulloch, Alison (2013). Fighting to Choose: The Abortion Rights Struggle in New Zealand. Wellington, New Zealand: Victoria University Press. ISBN 978-0-86473-886-8. Retrieved 29 September 2019.
- Pryor, Marilyn (1985). The Right to Life: The Abortion Battle of New Zealand. Auckland: Haelen Books. ISBN 0-908630-23-9.