Appeals to London will end

Press, 6 October 1987, Page 1

Appeals to London will end

By

CHRISTOPHER MOORE

The first moves to dismantle the right of New Zealanders to appeal to»he Privy Council in Britain would be made during the next three years, the Minister of Justjce, Mr Palmer, told the closing session of the 1987 Law Conference in Christchurch last evening.

But the right of appeal would be removed only after full discussions on a replacement structure, Mr Palmer said. “The legal profession in New Zealand has been debating whether appeals to the Privy Council should be retained for more time than I have been in law. “It is partly a question of law but it is also partly a political question involving national identity. “In my view the time for action has come. The Government will move to remove the right of appeal to the Privy Council in the term of this Administration. It is not a matter for sadness but for rejoicing. We have the confidence, the competence and the distinctiveness to rely on ourselves. “The right of appeal will be removed only after the new structure is in place.” New Zealand’s legal system must reflect the country’s multi-

cultural character and distinctive social and economic history, said Mr Palmer. The law must be accessible, he told more than 2000 delegates at the Christchurch Town Hail. "It should alsd reflect more firmly than it does the influence and aspiration of the women in our community. Our legal system has a robust history but for much of its time it has proudly exhibited the influence of England and the common law — inherited characteristips which are slipping away to some degree. ) “We are confidently making our own legal culture — the legal culture of an island nation in the South Pacific. “Given the increasingly particular character of New Zealand law and those small parts of it which happen to be settled by the Judicial Committee (of the Privy Council) by way of appeal, should those small parts be resolved by English and Scottish

lawyers, however eminent?” During the last 147 years, about 170 appeals had been decided by the Privy Council. In a single year, the? New Zealand Court of Appeal decided a greater number of civil cases. It dealt with more criminal appeals. The High Court and the District Court also decided many matters on appeal. Mr Palmer said that having a second appellate court had to be justified by the interests of both litigants and the State which provided some of the resources for such appeals. He also said that New Zealand lawyers had been slow to come to terms with the ( legislative process. “That process has profoundly altered in recent times. The opportunities for public and professional input to improve the quality of legislation are now substantial in New Zealand.” Conference reports, pages 4 and 5