80pc want a say on new court - poll

By HELEN TUNNAH, deputy political editor

Legislation abolishing New Zealanders' right to appeal to the Privy Council will be passed into law today, although a new poll reveals that public opinion has turned against the change.

The New Zealand Herald-DigiPoll survey shows most voters want to decide the issue themselves.

Nearly 80 per cent of those surveyed say the Government should hold a referendum on setting up a local Supreme Court to replace the Privy Council in London as New Zealand's final appeal court.

Almost half, 47.9 per cent, opposed the abolition of appeals to the British court and 36.1 per cent favoured the change.

When a similar question was asked in a Herald-DigiPoll survey five months ago, nearly 46 per cent agreed with the change and 25.6 per cent opposed it.

Prime Minister Helen Clark reaffirmed yesterday that there would be no referendum, and the Government would press ahead today with the final stage of legislation setting up the new court.

"I do believe the [supreme] court is the right way to go, that it does have substantial support," she said.

"It will soon enough be just one of those issues where people cried wolf, and the wolf didn't come.

"The poll has been shaped to suit the Herald editorial position on this issue. The poll fails to ask whether people think New Zealand has the competence to run its top court, or whether our top court should be in London or New Zealand.

"First we get attack journalism from the Herald on the issue, now we get attack polls."

When the Supreme Court Bill is given its third and final reading in Parliament this afternoon, it is likely to be supported by 63 of 120 MPs, despite opposition from business interests, many people in the legal profession and Maori, who say it undermines the Treaty of Waitangi.

Appeals to the Privy Council will cease at the end of this year and the Supreme Court, made up of local judges, will begin operating in July.

Rival political parties yesterday renewed their call for a public referendum, saying convention demanded that such a fundamental change to the court structure required the backing of 90 MPs or the public.

The leaders of National, New Zealand First and Act put aside political differences to sit alongside one another and urge the Government to ask voters their view in a referendum at the next election.

Bill English, Winston Peters and Richard Prebble's parties support a petition for a citizens-initiated referendum.

Yesterday, they said not seeking a public mandate was treating the people with contempt.

Mr English said the Herald-DigiPoll survey showed clearly that the public wanted a say on the court structure.

Mr Prebble said Maori had made it clear they opposed the bill and Labour's Maori MPs should tell Helen Clark they would not support it.

Te Tai Hauauru MP Tariana Turia has already called for the creation of a Supreme Court to be deferred until a review of New Zealand's constitutional arrangements has been held.

Asked if Labour's Maori MPs supported the bill, Helen Clark said yesterday that it was a "collective decision".

She said Maori had been extensively consulted on the change.