By FRANCESCA MOLD
Appeals to the new Supreme Court will be cheaper and more likely to be heard than under the present Privy Council system, says Attorney-General Margaret Wilson.
The Government yesterday unveiled plans for the new judicial body, which will sever New Zealand's 160-year link to the London Law Lords.
"I
think it is the appropriate time to make the step," said Ms Wilson.
The Supreme Court, expected to be established within 18 months, will be independent from all other courts. Its cost is still being worked out.
Five judges will hear cases, led by Chief Justice Dame Sian Elias, who will not sit in any other court.
The Government is working on a new policy for the appointment of judges that is likely to be in place by the time the Supreme Court is set up.
At least one judge on the new court would be expected to be expert in tikanga Maori and others would need commercial expertise.
Ms Wilson said it was expected the court would hear between 40-50 appeals each year, compared with the 10 heard by the Privy Council in 1999. The cost of an appeal would be considerably less than the average $100,000 to take a case to the Privy Council, said Ms Wilson.
Appellants would still have to seek leave to appeal, with the criteria including issues relating to the Treaty of Waitangi and matters of public or commercial significance.
Ms Wilson said she believed there was widespread support from Parliament and the public for abolishing links to the Privy Council.
But the National Party's justice spokesman, Wayne Mapp, said business, some lawyers and other professional groups opposed the change.
Act MP Stephen Franks, a former commercial lawyer, said the move to sever links with the Privy Council meant New Zealand would lose access to neutral international referees who upheld impartial justice.
He was concerned the Government would "stack" a new court with politically correct activists.
New Zealand First leader Winston Peters said the change was a significant constitutional matter which should not be decided by a minority Government.
Prime Minister Helen Clark said the decision was probably a decade overdue. "But it's not something that should have been rushed."
