There were 18,380 abortions in New Zealand in 2007. The rate (20.1 abortions per 1000 women in the 15-44 age group) is high compared to other countries, putting us on a par with Australia, the United States and Sweden.

Unlike those countries, we have what has been described as "one of the most restrictive pieces of abortion legislation in the Western world" - contained in the Crimes Act and the Contraception, Sterilisation and Abortion Act passed in 1977.

Yet despite our draconian law - abortion is a crime unless it is authorised by two certifying consultants - we have one of the highest abortion rates in the world. What gives?

On June 9 2008, High Court Justice Forrest Miller gave voice to what some had suspected for some time - there is "reason to doubt the lawfulness of many abortions authorised by certifying consultants" in New Zealand.

While Justice Miller's judgment in the long running Right to Life New Zealand versus The Abortion Supervisory Committee sounds like a bombshell, it's actually more of a damp squib.

Two weeks ago, three Appeal Court judges sent the case back to the High Court, saying until Justice Miller has made declarations about what more the Abortion Supervisory Committee should be doing to comply with the law, there was nothing to appeal against. The judges also pointed out that since the committee was set up by parliament, the constitutional matters in question should be dealt with by parliament and not the courts.

While it remains to be seen what sort of declarations Justice Miller will make, what is highly likely is the moment they are made, both the declarations and the judgement will be appealed. And whatever the Appeal court decides, the case will almost certainly be taken on to the Supreme Court. A legal merry-go-round costing plenty and going nowhere.

Finding a resolution here seems impossible. Abortion is an issue that divides society into irreconcilable camps - those who want rights for the unborn child and those who want the mother's right to choose.

But while American president Barack Obama is attempting the impossible in trying to find common ground in the abortion debate that has deeply divided the Unites States, our Government is showing no inclination to enter this vexatious territory.

Despite his "powerful misgivings about the lawfulness of many abortions", Justice Miller notes that "Parliament appears untroubled by the state of the abortion law" and the previous calls for reform have gone unheeded.

Watching Obama's ethical gymnastics you can see why. Abortion, says Obama, is not just about a woman's freedom to choose. It is also a moral and ethical issue that affects women, their families, and society.

In a speech this month at the University of Notre Dame, Obama said the key role for government on this issue was to help women avoid an unwanted pregnancy.

"When we open up our hearts and our minds to those who may not think precisely like we do or believe precisely what we believe, that's when we discover at least the possibility of common ground. That's when we begin to say, 'Maybe we won't agree on abortion, but we can still agree that this heart-wrenching decision for any woman is not made casually. It has both moral and spiritual dimensions'."