Privy Council appeal to go?

Press, 10 February 1983, Page 5

Privy Council appeal to go?

PA Auckland The Attorney-General and Minister of Justice. Mr McLay. has argued in favour of abolishing the New Zealand right of appeal to the London-based Privy Council. "I believe that the right of appeal should be abolished in due time." Mr McLay told the Birkenhead Kiwanis. Club. "We have a Judiciary of

the highest quality. I personally believe we have reached the stage where, as a nation, we can have sufficient confidence in our own institutions not to have to rely on those from elsewhere." Setting out the arguments for and against abolishing the right of appeal to the Privy Council, Mr McLay said he wanted to provoke an informed debate among the legal profession and the public. "Only in that climate can a proper decision be made on a matter of considerable constitutional importance," he said. Mr McLay emphasised I that the views he expressed I were personal, and at this stage should certainly not be taken as a Government policy. He said that many judges, lawyers, and lay people strongly believed that the legal system in a small country such as New Zealand derived great benefit from access to "one of the pinnacles of the common law world.

“Equally there are others, myself included, who believe that our own legal institutions have developed to such a level of sophistication and expertise that we no longer require access to courts in another land ... that the benefits of the present system tend to be overstated and that a sovereign and independent State of 3.2 million people need not look elsewhere for its judicial opinions.”

Mr McLay said that the Royal Commission on the

Courts reported in 1978 that appeals should not be abolished until a Court of Appeal of at least five judges, together with the Chief Justice ex-officio, was working effectively in New Zealand and .with the confidence of the legal profession and the public. When the recommendation was made the Court of Appeal comprised only three judges and the Chief justice. “It now has five judges, and is working effectively. I believe it also has the necessary professional and public confidence." Mr McLay said.

Alternative suggestions such as regional Pacific court of appeal, or a further appellate court in New Zealand. did not appear to be very practical, he said.

Some debate over the role of the Privy Council came last year when it ruled on the Western Samoan citizenship case. The Government legislated to overcome the effect of that Privy Council decision. Mr McLay said that that case, “if nothing else ... did focus considerable public attention" on the issue of the role of the Privv Council.