1 Jun 2011
THE ABORTION SUPERVISORY COMMITTEE V RIGHT TO LIFE NEW ZEALAND INC COA CA522/2009
- Citation
- COA CA522/2009
- Court
- Court of Appeal
The Court of Appeal held that the CSA Act empowers the Abortion Supervisory Committee to perform general, systemic oversight and to require and analyse anonymised data and reports, but does not empower the Committee to review or scrutinise individual certifying consultants' clinical decisions or to form its own determinations about the lawfulness of particular abortion authorisations (absent bad faith); Wall v Livingston remains authoritative that individual medical judgments are for certifying consultants and are not subject to after‑the‑fact Committee review; the CSA Act does not create an…