Submission: The Supreme Court Bill

New Zealand Business Roundtable
20 May, 2003

The proposal to replace appeals to the Judicial Committee of the Privy Council with appeals to a domestic Supreme Court is the most important constitutional issue raised in New Zealand since the mixed member proportional (MMP) voting system was introduced following a 1993 referendum.1 A change in New Zealand's final appellate court could have profound consequences for business and future generations of New Zealanders. It has the potential to significantly alter the role of the courts and the public perception of their role, and to alter the relationship between the courts and the political branches of government. The tendency for the higher courts consciously to make law rather than allow the law to evolve from their case-by-case decisions could increase. There are likely to be demands for open political involvement in judicial appointments which will be difficult to resist in the long term.

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