Why the Judicial Review Application against the Draft Guidelines May Be Unsuccessful

Abstract

The issue of the termination of a pregnancy is a controversial one. This research paper will focus on the prescribed conduct of medical practitioners as provided for by statutory provisions, codes of conduct and ethical guidelines. The recent medical guidelines published by the Medical Council of New Zealand will be the central focus of this paper, and the impact of this publication upon the rights to freedom of expression and freedom of religion will be discussed. This paper will consider the prospects of success of a recent judicial review application against this publication by determining whether the content of the guidelines unduly limits these rights, and whether such limitation is reasonable and demonstrably justified.