Government introduces Supreme Court legislation

Update - 2.15pm

Legislation cutting New Zealand's links with the Privy Council and setting up a new final court of appeal was introduced to Parliament today.

The stand-alone Supreme Court will be headed by the chief justice, who will sit as the presiding judge.

Four other judges, who will become New Zealand's most senior judges, will also be appointed - including one well versed in tikanga Maori.

The Government expects to have the law passed next year after the legislation has gone to a select committee for scrutiny and public submissions.

The new court is not expected to be up and running until 2004.

Labour's policy of setting up a Supreme Court has been hotly debated, but Attorney-General Margaret Wilson says the new court will have wider scope and be more affordable than the Privy Council.

The cutting of links with the London-based court has been described by some as a major change to the constitution that should be opposed for various reasons.

Some lawyers oppose the move as they believe New Zealand does not have the depth of judicial talent to support a stand-alone court.

Some Maori have also spoken against the move as they believe the Privy Council has given their cases a fairer hearing.

ACT MP Stephen Franks said government papers show the new court would cost $10 million to set up and $5.2 million a year to run.

He said the Privy Council did not cost New Zealand anything.

"Abolitionists have claimed that it costs New Zealanders too much to have appeals heard in London," he said.

"The truth is that Privy Council processes are so disciplined, and decisions reached so crisply and quickly, that even to the parties they can cost less than dragged-out local trials.

"New Zealanders have been paying nothing for the privilege of access to some of the world's leading judges."

Bar Association president Stuart Grieve has said in the past that most members would prefer to retain links to the Privy Council as they wanted to be able to tap into the resources behind it.

Ms Wilson has said there has been extensive consultation with the legal profession, Maori and commercial interests.

The stand-alone court of five judges would be headed by Chief Justice Dame Sian Elias, who would sit as the presiding judge in only that court.

It was estimated the court would hear between 40 to 50 appeals a year - similar to final courts in Australia, Canada, Britain, the United States and the Privy Council itself.

A previous National justice minister, Sir Douglas Graham, supported a similar policy but was forced to back down after stiff opposition from Maori.

- NZPA