New final appeal court by next year

By HELEN TUNNAH deputy political editor

New Zealanders will lose their right to appeal to the Privy Council within months as the Government presses ahead with plans to set up a local final appeal court.

Attorney-General Margaret Wilson said yesterday that the Supreme Court should be running by July next year, with legislation cutting ties to the London-based Privy Council passed by the end of this year.

The Labour-led Government has enough votes to pass the law after the Green Party yesterday pledged its support for the legislation.

However, that would give the Government a majority of just 63 votes to 57 on a significant constitutional change.

Ms Wilson remains in talks with United Future's eight MPs to try to also get their support for the Supreme Court Bill, but she indicated yesterday that was not vital.

"It would be desirable to get as large a majority as possible, but there is a majority," she said.

Labour's plans to abandon the Privy Council as New Zealand's final appeal court have met stiff opposition, particularly from Maori and the business community.

A select committee report on the bill, released yesterday, showed 54 per cent of public submissions opposed the law change while 39 per cent backed the new Supreme Court.

Three out of every four Maori submitters were against the change. Only one out of 86 local bodies wanted Privy Council appeals abolished.

The committee's report was backed by a majority of MPs on the justice and electoral select committee, but was opposed by National, Act and New Zealand First MPs.

Under changes recommended by the committee, the new Wellington-based Supreme Court would have six judges instead of five, all selected from the local judiciary.

Though the option of appointing an overseas judge is still to be finalised, Ms Wilson indicated yesterday she did not support such a move.

The court's bench would be appointed after recommendations from a special appointments panel comprising the Chief Justice, Solicitor-General and former Governor-General Sir Paul Reeves.

There will also be a clause inserted in the bill recognising the Treaty of Waitangi.

Ms Wilson yesterday dismissed Opposition fears that the new court could be stacked with political appointments, saying all judges would be chosen on merit.

"I think it is extremely important that you do not get a political appointment."

Transitional arrangements are expected to be made to ensure people waiting on a Court of Appeal judgment can go to the Privy Council.

Ms Wilson said the law change would increase access to justice, by providing extra appeal rights in cases such as environment and employment law, and because it would be less expensive than appealing to a London court.

She said the policy would be "seen by many as long overdue".

"The time has come really."

Opposition parties argue there is no public support for a change, and want a referendum before Privy Council ties are abolished.