Petition last bid to save UK appeals

By HELEN TUNNAH deputy political editor

Political parties bitterly opposed to abolishing appeals to the Privy Council are to relaunch a public petition against the change in a last-ditch bid to save links to the British court.

National, New Zealand First and Act will next week go to voters asking them to sign a petition for a referendum as Labour continues to drive the constitutional change through Parliament on a slender majority.

The new law, which sets up a local Supreme Court to replace the Privy Council as New Zealand's final appeal court, passed its latest hurdle in Parliament yesterday, backed by only 62 out of 120 MPs.

It is due to be finally endorsed on Tuesday, despite strident opposition from business interests and Maori.

Act MP Stephen Franks said the three Opposition parties, which have already begun a petition for a citizens-initiated referendum on the Privy Council, would relaunch it with vigour next week.

About 310,000 signatures are needed to force a referendum, but the results are not binding.

The three parties, now supported by United Future, have argued that Labour should not pursue what amounts to a constitutional change without the support of 90 MPs or the public through a referendum.

Other constitutional issues, such as changing the voting age or term of Parliament, would have needed 90 votes to be passed.

Prime Minister Helen Clark and Attorney-General Margaret Wilson have rejected calls for a referendum.

National Party leader Bill English said yesterday that it was a right of citizens to have a say over a major constitutional issue.

New Zealand First leader Winston Peters challenged Ms Wilson to agree to a referendum.

"If she says she is a supporter of the democratic process, why does she not put her mouth where her money is and put it to the people?"

Labour MPs again noticeably failed to defend the legislation in Parliament yesterday. None took part in the debate.

In the two days the bill was debated this week, only Ms Wilson - obliged to be there as minister in charge of the legislation - and Mangere MP Taito Phillip Field have spoken in favour of the change.

In contrast, Green Party MPs yesterday explained why they were backing the Labour-led Government in the face of Maori criticism.

Justice and Maori Affairs spokeswoman Metiria Turei told Parliament that the Privy Council had in reality done little for Maori.

"We must be careful to remember the Privy Council has done us damage as a Maori community as well as in some cases providing some relief."

Parliament yesterday finalised the details of how the new court would work, Ms Wilson gaining the support of United Future for her last-minute, mainly technical changes to the bill.

But United Future later joined National, New Zealand First and Act in voting against the legislation.

What happens next

* Appeals to the Privy Council are expected to be abolished in Parliament on Tuesday.

* A new local Supreme Court will be set up and begin hearing appeals in July.

* The court, with five or six judges, will be appointed by the Attorney-General after advice from a special panel.

* The court will sit in Wellington, in buildings that are being refurbished.

* Some cases already before the Court of Appeal may still be appealed to the Privy Council.