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> Our Publications > New Zealand Outlook > 2003 > December Privy
council link to end IN A
MOMENTOUS law change the New Zealand Labour Government
has severed another link with the UK - ending its
citizens appeals to the Privy Council, in London.
With the aid of the Green Party the Government gained 63
votes out of 120 and defied 11th-hour opposition to the
establishment of a new Supreme Court.
It abolished New Zealand's 143-year-old right of final
appeal to the Privy Council in London, rejecting it as a
fetter of a "colonial past."
In a bitter debate it was forced to fall back on the
Green Party to squeeze through the Supreme Court
legislation in the face of pressure for a referendum.
Attorney-General Margaret Wilson said a Supreme Court was
overdue. "We must throw off, once and for all, the
fetters of our colonial past," she said.
"The development of New Zealand law has been
stifled... everyone must have access to justice. There
have been significant changes in Britain, in the
Commonwealth and in New Zealand, such that the Privy
Council now faces an uncertain future," she said.
"The Opposition may want to be the last to leave,
but this Government has more dignity and foresight."
However, Opposition parties said the new Supreme Court
was condemned to failure without broad public support.
National Party leader Bill English called on the
Government to let Parliament decide who should sit on the
Supreme Court, amid accusations that Mrs Wilson would
stack it with judges sympathetic to the Government's
political agenda.
The appointments would influence the political and legal
landscape for a generation, he warned. "It could be
that in the next few months, Margaret Wilson and Prime
Minister, Helen Clark will appoint 10 of the 12 senior
judges of New Zealand," he claimed.
Mr English said there should have been a referendum.
"The way this Government has dealt with the issue
has been arrogant, elitist and contemptuous of public
opinion".
The Green Party backed the Government in its rejection of
a referendum on the Privy Council.
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