The Abortion Stalemate: a Failure of Legal Structure

Abstract

The recent Right to Life cases have left the question of abortion law in New Zealand in an uncertain state. Miller J essentially held that abortions were being carried out illegally in New Zealand, yet declined to award relief. This was due to the fact that the fundamental oversight of abortion law regulation was said to ultimately lie with Parliament, and not with the courts. Miller J was only comfortable to “complement Parliamentary oversight”. This paper will explore the current uncertainty created by abortion law, identify who should have responsibility to address this uncertainty, and why this may not be realistic.