NEW ZEALAND. Crimes Acts (1961 to 1999).

 

 Abortion

 

182. Killing unborn child---(1) Every one is liable to imprisonment for a term not exceeding 14 years who causes the death of any child that has not become a human being in such a manner that he would have been guilty of murder if the child had become a human being.

 

(2) No one is guilty of any crime who before or during the birth of any child causes its death by means employed in good faith for the preservation of the life of the mother.  182A. Miscarriage defined---For the purposes of sections 183 to 187 of this Act the term ``miscarriage'' means---

 

(a) The destruction or death of an embryo or fetus after implantation; or

 

(b) The premature expulsion or removal of an embryo or fetus after implantation, otherwise than for the purpose of inducing the birth of a fetus believed to be viable or removing a fetus that has died.

 

183. Procuring abortion by any means---(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to procure the miscarriage of any woman or girl, whether she is pregnant or not,---

 

(a) Unlawfully administers to or causes to be taken by her any poison or any drug or any noxious thing; or

 

(b) Unlawfully uses on her any instrument; or

 

(c) Unlawfully uses on her any means other than any means referred to in paragraph (a) or paragraph (b) of this subsection.

 

(2) The woman or girl shall not be charged as a party to an offence against this section.

 

184. Repealed by s. 4 of the Crimes Amendment Act 1977.

 

185. Repealed by s. 5 of the Crimes Amendment Act 1977.

 

186. Supplying means of procuring abortion---Every one is liable to imprisonment for a term not exceeding 7 years who unlawfully supplies or procures any poison or any drug or any noxious thing, or any instrument or other thing, whether of a like nature or not, believing that it is intended to be unlawfully used to procure miscarriage.

 

187. Effectiveness of means used immaterial---The provisions of sections 183 to 186 of this Act shall apply whether or not the poison, drug, thing, instrument, or means administered, taken, used, supplied, or procured was in fact capable of procuring miscarriage.

 

187A. Meaning of ``unlawfully''---(1) For the purposes of sections 183 and 186 of this Act, any act specified in either of those sections is done unlawfully unless, in the case of a pregnancy of not more than 20 weeks' gestation, the person doing the act believes---

 

(a) That the continuance of the pregnancy would result in serious danger (not being danger normally attendant upon childbirth) to the life, or to the physical or mental health, of the woman or girl . . .; or

 

(aa) That there is a substantial risk that the child, if born, would be so physically or mentally abnormal as to be seriously  handicapped; or

 

(b) That the pregnancy is the result of sexual intercourse between---

 

(i) A parent and child; or

 

(ii) A brother and sister, whether of the whole blood or of the half blood; or

 

(iii) A grandparent and grandchild; or

 

(c) That the pregnancy is the result of sexual intercourse that constitutes an offence against section 131 (1) of this Act; or

 

(d) That the woman or girl is severely subnormal within the meaning of section 138 (2) of this Act.

 

(2) The following matters, while not in themselves grounds for any act specified in section 183 or section 186 of this Act, may be taken into account in determining for the purposes of subsection (1) (a) of this section, whether the continuance of the pregnancy would result in serious danger to her life or to her physical or mental health:

 

(a) The age of the woman or girl concerned is near the beginning or the end of the usual child-bearing years:

 

(b) The fact (where such is the case) that there are reasonable grounds for believing that the pregnancy is the result of sexual violation.

 

(3) For the purposes of sections 183 and 186 of this Act, any act specified in either of those sections is done unlawfully unless, in the case of a pregnancy of more than 20 weeks' gestation, the person doing the act believes that the miscarriage is necessary to save the life of the woman or girl or to prevent serious permanent injury to her physical or mental health.

 

(4) Where a registered medical practitioner, in pursuance of a certificate issued by 2 certifying consultants under section 33 of the Contraception, Sterilisation, and Abortion Act 1977, does any act specified in section 183 or section 186 of this Act, the doing of that act shall not be unlawful for the purposes of the section applicable unless it is proved that, at the time when he did that act, he did not believe it to be lawful in terms of subsection (1) or subsection (3) of this section, as the case may require.

 

 

 

NEW ZEALAND. Contraception, Sterilisation, and Abortion Acts 1977-1991.

 

1. Short Title and commencement---(1) This Act may be cited as the Contraception, Sterilisation, and Abortion Act 1977.

 

 (2) Sections 11 to 17, 19 to 28, 30, 31, and 38 to 43 of this Act shall come into force on the 1st day of January 1978.

 

 (3) Sections 18, 29, and 32 to 37 of this Act shall come into force on the 1st day of April 1978.

 

 (4) Except as provided in subsection (2) or subsection (3) of this section, this Act shall come into force on the date on which it receives the Governor-General's assent.

 

2. Interpretation---

 

In this Act, unless the context otherwise requires,--- 

 

``Abortion'' means a medical or surgical procedure carried out or to  be carried out for the purpose of procuring---   (a) The destruction or death of an embryo or fetus after  implantation; or   (b) The premature expulsion or removal of an embryo or fetus  after implantation, otherwise than for the purpose of inducing  the birth of a fetus believed to be viable or removing a fetus  that has died: 

 

``Abortion law'' means every provision of---   (a) Sections 10 to 46 of this Act; and   (b) Sections 182 to 187A of the Crimes Act 1961: 

 

``Approved counselling service'' means any person or agency  appointed or approved by the Supervisory Committee under section  31 of this Act: 

 

``Contraceptive'' means a substance or device or technique intended  to prevent conception or implantation:   

 

  ``Holder'', in relation to a licence issued under this Act, means---  

 

(a) In the case of a hospital, the person who is for the time being in charge of the hospital, whether or not that person was in charge of it when the licence was issued:  

 

(b) In the case of any other private institution, the person who is for the time being in charge of the institution,whether or not that person was in charge of it when the licence was issued:

 

``Hospital” means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (safety) Act 2001: 

 

``Institution'' means any hospital, clinic, or other premises in  which it is proposed to perform abortions: 

 

``Licence'' means a licence issued under this Act:  ``Licensed institution'' means an institution in respect of which a  licence is for the time being in force under this Act:   

 

  ``Private hospital'' means a hospital in respect of which a licence  is for the time being in force under Part V of the Hospitals Act  1957: 

 

``Practising obstetrician or gynaecologist'' means a registered  medical practitioner who—

 

(a) Holds vocational registration in the speciality of obstetrics or gynaecology or obstetrics and gynaecology; or

 

(b) In  the opinion of the Supervisory Committee, is experienced in one or both of those branches of medicine: 

 

``Secretary'', in relation to the Supervisory Committee, means the  officer of the Department of Courts for the time being acting  as Secretary of the Committee: 

 

``Supervisory Committee'' means the Abortion Supervisory Committee  constituted under section 10 of this Act.   

 

3. Repealed by s. 2 (1) of the Contraception, Sterilisation, and Abortion Amendment Act 1990.

 

* * *

 

10. Constitution of Abortion Supervisory Committee---

 

(1) For the purposes of this Act there shall be a committee, to be known as the Abortion Supervisory Committee.

 

 (2) The Supervisory Committee shall consist of 3 members, of whom 2 shall be registered medical practitioners.

 

 (3) Subject to section 12 of this Act, every member shall be appointed by the Governor-General on the recommendation of the House of Representatives, and one member shall be so appointed as Chairman of the Supervisory Committee.

 

 (4) The powers of the Supervisory Committee shall not be affected by any vacancy in its membership.

 

11. Term of office of members of Supervisory Committee---

 

(1) Subject to the succeeding provisions of this section, every member of the Supervisory Committee shall hold office for a term of 3 years, but may from time to time be reappointed.

 

 (2) Any member of the Supervisory Committee may resign his office at any time by written notice given to the Speaker of the House of Representatives, or to the Prime Minister if there is no Speaker or the Speaker is absent from New Zealand.

 

 (3) Any member of the Supervisory Committee may be removed from office at any time by the Governor-General upon an address from the House of Representatives for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct.

 

 (4) If any member of the Supervisory Committee dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made, and every person appointed under this subsection shall hold office for the remainder of the term for which his predecessor was appointed.

 

 (5) Every member of the Supervisory Committee, unless he sooner vacates his office under subsection (2) or subsection (3) of this section, shall continue in office until his successor comes into office.

 

12. Manner of appointments---

 

(1) If any member of the Supervisory Committee dies, or resigns his office, or is removed from office, the vacancy thereby created shall be filled in accordance with this section.

 

 (2) If any such vacancy occurs at any time while Parliament is in session, it shall be filled by appointment by the Governor-General on the recommendation of the House of Representatives:

 

 Provided that if the vacancy occurs less than 2 months before the close of that session and no such recommendation is made in that session, the provisions of subsection (3) of this section shall apply as if the vacancy had occurred while Parliament was not in session.

 

 (3) If any such vacancy occurs at any time while Parliament is not in session, the following provisions shall apply: (a) The Governor-General in Council may appoint a person to fill the  vacancy, and the person so appointed shall, unless his office  sooner becomes vacant, hold office until his appointment is  confirmed by the House of Representatives: (b) If the appointment is not so confirmed within 2 months after the  commencement of the next ensuing session, the appointment shall  lapse and there shall be deemed to be a further vacancy in the  membership of the Supervisory Committee.

 

13. Deputies of members---

 

(1) In any case where any member of the Supervisory Committee is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Governor-General may appoint a person to act in the place of that member during his incapacity.

 

 (2) The power conferred by subsection (1) of this section shall be exercised only on a certificate signed by the Chairman of the Supervisory Committee to the effect that, in his opinion, the temporary appointment is necessary for the due conduct of the business of the Committee.

 

 (3) The provisions of section 12 of this Act shall apply, with any necessary modifications, to the temporary appointment of a member under this section as if the member were being appointed under that section to fill a vacancy.

 

 (4) Any person appointed under this section shall, while he acts as such, be deemed to be a member of the Supervisory Committee, and any person appointed in the place of the Chairman shall have all the powers of the Chairman.

 

 (5) No appointment of a person under this section and no acts done by him while acting as a member of the Supervisory Committee, and no acts done by the Supervisory Committee while any person is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

 

14. Functions and powers of Supervisory Committee---

 

(1) The Supervisory Committee shall have the following functions:

 

(a) To keep under review all the provisions of the abortion law, and  the operation and effect of those provisions in practice:

 

(b) To receive, consider, grant, and refuse applications for licences  or for the renewal of licences under this Act, and to revoke any  such licence:

 

(c) To prescribe standards in respect of facilities to be provided in  licensed institutions for the performance of abortions:

 

(d) To take all reasonable and practicable steps to ensure---  

 

(i) That licensed institutions maintain adequate facilities  for the performance of abortions; and  

 

(ii) That all staff employed in licensed institutions in  connection with the performance of abortions are competent:

 

(e) To take all reasonable and practicable steps to ensure that  sufficient and adequate facilities are available throughout New  Zealand for counselling women who may seek advice in relation to  abortion:

 

(f) To recommend maximum fees that may be charged by any person in  respect of the performance of an abortion in any licensed  institution or class of licensed institutions, and maximum fees  that may be charged by any licensed institution or class of  licensed institutions for the performance of any services or the  provision of any facilities in relation to any abortion:

 

(g) To obtain, monitor, analyse, collate, and disseminate information  relating to the performance of abortions in New Zealand:

 

(h) To keep under review the procedure, prescribed by sections 32 and  33 of this Act, whereby it is to be determined in any case  whether the performance of an abortion would be justified;

 

(i) To take all reasonable and practicable steps to ensure that the  administration of the abortion law is consistent throughout New  Zealand, and to ensure the effective operation of this Act and  the procedures thereunder:

 

(j) From time to time to report to and advise the Minister of Health and any district health board established by or under the New Zealand Public Health and Disability Act 2000 on the establishment of clinics and centres, and the provision of related facilities and services, in respect of contraception and sterilisation:

 

 (k) To report annually to Parliament on the operation of the abortion  law.

 

 (2) The Supervisory Committee shall have all such reasonable powers, rights, and authorities as may be necessary to enable it to carry out its functions.

 

15. Supervisory Committee may appoint advisory and technical committees---

 

(1) The Supervisory Committee may from time to time appoint advisory committees, technical committees, and other committees to advise it on such matters as it may refer to them.

 

 (2) Every such committee may, in addition and on its own initiative, furnish to the Supervisory Committee reports on any matter in respect of which the members of the committee have special knowledge or experience.

 

 (3) Any person may be appointed to be a member of any such committee, notwithstanding that he is not a member of the Supervisory Committee.

 

 (4) Every such committee shall in all matters be subject to the control of the Supervisory Committee, and shall carry out all directions, general or special, of the Supervisory Committee in relation to the Supervisory Committee or its affairs.

 

 (5) Subject to the provisions of this Act, every committee appointed under this section may regulate its procedure in such manner as it thinks fit.

 

16. Supervisory Committee may co-opt specialist advice---

 

(1) The Supervisory Committee, and any advisory or technical committee appointed by the Supervisory Committee, may from time to time invite any person, or any officer employed in any Government department, or a representative of any organisation who, in its opinion, possesses expert knowledge or is otherwise able to assist it in connection with the exercise of its functions, to attend any of its meetings or to advise it on any matter with which it is concerned.

 

 (2) Any person attending a meeting under this section may, if invited, take part in any discussion at the meeting, but shall not participate in the determination of any question before the meeting.

 

17. Crown may provide services for Supervisory Committee---

 

(1) The Crown, acting through any department of State, may from time to time, at the request of the Supervisory Committee, execute any work or enter into arrangements for the execution or provision by the department for the Supervisory Committee of any work or service, or for the supply to the Supervisory Committee of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.

 

 (2) Without limiting subsection (1) of this section, the chief executive of the Department of Courts shall from time to time, at the request of the Supervisory Committee, provide the Supervisory Committee with all such secretarial and clerical services as may be necessary or desirable to enable the Supervisory Committee to perform its functions efficiently.

 

(3) Any hospital care operator (within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001) may from time to time, at the request of the Supervisory Committee, execute any work or enter into any arrangements for the execution or provision by that operator for the Supervisory Committee of any work or service, or for the supply to the Supervisory Committee of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.

 

 18. Restrictions on where abortions may be performed---

 

(1) Subject to the provisions of this Act, no abortion shall be performed elsewhere than in an institution licensed for the purpose in accordance with this Act.

 

 (2) Subject to the provisions of this Act, no abortion shall be performed, after the pregnancy has subsisted for at least 12 weeks, elsewhere than in an institution in respect of which a full licence is for the time being in force under this Act.

 

19. Types and effect of licences---

 

(1) The Supervisory Committee may from time to time, in accordance with this Act, issue in respect of any institution---

 

(a) A full licence; or

 

(b) A limited licence.

 

 (2) A full licence shall authorise the holder to permit the performance of abortions in the institution to which the licence relates regardless of the length of time for which the pregnancy has been continuing.

 

 (3) A limited licence shall authorise the holder to permit the performance of abortions in the institution to which the licence relates only during the first 12 weeks of the pregnancy.

 

20. Applications for licences---

 

(1) An application for a licence may be made by---

 

(a) In the case of a hospital,the person for the time being in charge of it; or

 

(b) Repealed; or

 

(c) In the case of any other institution, the person for the time being in charge of the institution.

 

 (2) Every application shall---

 

(a) Be addressed to the Supervisory Committee; and

 

(b) Be in the prescribed form; and

 

(c) State which type of licence is desired; and

 

(d) Be accompanied by the prescribed fee.

 

21. Grant of licences---

 

(1) On receiving an application for a full licence in respect of any institution, the Supervisory Committee shall grant such a licence in respect of that institution only if it is satisfied---

 

(a) That there are, in the institution, adequate facilities for the  accommodation of patients for one or more nights; and

 

(b) That there are, in the institution, adequate surgical and other  facilities, and adequate and competent staff, for the safe  performance of abortions; and

 

(c) That there are, in the institution, adequate accommodation,  surgical and other facilities, and competent staff to provide  treatment and care of patients suffering complications arising  while they are awaiting, undergoing, or recuperating from an  abortion; and

 

(d) That the person who will be the holder of the licence if the  application is granted is a fit and proper person to hold such a  licence; and

 

(e) That adequate counselling services are available to women  considering having an abortion in the institution, and are  offered to such women whether or not they ultimately have an  abortion.

 

 (2) On receiving an application for a limited licence in respect of any institution, the Supervisory Committee shall grant such a licence in respect of that institution only if it is satisfied---

 

(a) There is a need for a or another licensed institution in the area  in which the institution to which the application relates is  situated; and

 

(b) That there are, in the institution, adequate surgical and other  facilities, and adequate and competent staff, for the safe  performance of abortions; and

 

(c) That adequate arrangements have been made with any other hospital  or institution for the transfer of any patient suffering  complications arising while she is awaiting, undergoing, or  recuperating from an abortion to that other hospital or  institution for treatment and care; and

 

(d) That the person who will be the holder of the licence if the  application is granted is a fit and proper person to hold such a  licence; and

 

(e) That adequate counselling services are available to women  considering having an abortion in the institution, and are  offered to such women whether or not they ultimately have an  abortion.

 

 (3) Notwithstanding anything in subsection (1) or subsection (2) of this section, on considering an application for a full licence, the Supervisory Committee may, with the consent of the applicant, grant a limited licence if it is satisfied in respect of the matters specified in subsection (2) of this section but is not satisfied in respect of the matters specified in subsection (1) of this section.

 

 (4) Subject to the provisions of sections 26 and 27 of this Act, the decision of the Supervisory Committee in respect of every application for a licence shall be final.

 

 (5) Where the Supervisory Committee refuses to grant an application for a licence, it shall, if requested to do so by the applicant, give to the applicant a written statement of its reasons for refusing the application.

 

22. Issue of licences---

 

Where the Supervisory Committee grants an application for a licence, it shall, on payment to it of the prescribed fee, issue to the applicant a full licence or, as the case may require, a limited licence in the prescribed form.

 

23. Duration of licences---

 

Subject to the provisions of section 24 of this Act, every licence shall, unless sooner cancelled under this Act, continue in force for one year commencing with the date of its issue, and shall then expire.

 

 24. Renewal of licences---

 

(1) Every holder of a licence may from time to time apply to the Supervisory Committee for the renewal of the licence for a further period of one year.

 

 (2) Every such application shall be made not earlier than 3 months and not later than one month before the date of expiry of the licence, and shall be accompanied by the prescribed fee.

 

 (3) On receiving an application for the renewal of a licence, the Supervisory Committee shall grant the application unless it is satisfied---

 

(a) That the institution no longer complies with the requirements of  subsection (1) or (as the case may require) subsection (2) of  section 21 of this Act; and

 

(b) That the holder of the licence has not, during the currency of the  licence, taken all reasonable and practicable steps to ensure  that the provisions of the abortion law were complied with in  the institution.

 

 (4) Subject to the provisions of sections 26 and 27 of this Act, the decision of the Supervisory Committee in respect of every application for the renewal of a licence shall be final.

 

 (5) Where the Supervisory Committee refuses to grant an application for the renewal of a licence, it shall notify the applicant of its decision, and shall, if requested to do so by the applicant, give to the applicant a written statement of its reasons for refusing to renew the licence.

 

 (6) Where an application for the renewal of a licence is made in accordance with subsection (2) of this section but is not determined before the date on which the licence is due to expire, the licence shall continue in force until the application is determined.

 

25. Cancellation of licences---

 

(1) In any case where the Supervisory Committee believes, in respect of any licensed institution,---

 

(a) That it no longer meets the requirements of subsection (1) or (as  the case may require) subsection (2) of section 21 of this Act;  or

 

(b) That the holder of the licence has failed to take all reasonable  and practicable steps to ensure that the provisions of the  abortion law were complied with in the institution,--- it may, by notice in writing addressed to the holder, call upon him to show cause why the licence should not be cancelled.

 

 (2) If, after considering any representations made to it and evidence put before it by the holder of the licence, and all such other matters as it considers relevant, the Supervisory Committee is satisfied of either of the matters specified in subsection (1) of this section, it may cancel the licence.

 

 (3) Where the Supervisory Committee cancels any licence, it shall notify the holder accordingly, and shall, if requested to do so by the holder, give to the holder a written statement of its reasons for cancelling the licence.

 

26. Appeals on questions of law to High Court---

 

(1) A person who is dissatisfied with a decision of the Supervisory Committee---

 

(a) Refusing an application for the issue or renewal of a licence; or

 

(b) Cancelling a licence,--- as being erroneous in law, may appeal to the High Court by way of case stated for the opinion of the Court on a question of law only.

 

 (2) Repealed by s. 3 (4) of the Judicature Amendment Act 1991.

 

 (3) Within 28 days after the date of the determination or decision, the appellant shall lodge a notice of appeal with the Secretary.

 

 (4) Within 14 days after the lodging of the notice of appeal, or within such further time as the Chairman of the Supervisory Committee may in his discretion allow, the appellant shall state in writing and lodge with the Secretary a case setting out the facts and the grounds of the determination or decision and specifying the question of law on which the appeal is made.

 

 (5) As soon as practicable after the lodging of the case, the Secretary shall cause it to be submitted to the Chairman of the Supervisory Committee.

 

 (6) The Chairman shall, as soon as practicable, and after hearing the applicant if he considers it necessary to do so, settle the case, sign it, and cause it to be sent to the Secretary. The settling and signing of the case shall be deemed to be the statement of the case by the Supervisory Committee.

 

 (7) The Secretary shall send the signed case to the proper office of the High Court, and shall make a copy available to the appellant.

 

 (8) If, within 14 days after the filing of the notice of appeal, or within such further time as may be allowed, the appellant does not lodge a case pursuant to subsection (4) of this section, the Chairman of the Supervisory Committee may certify that the appeal has not been prosecuted.

 

 (9) The Court or a Judge thereof may in its or his discretion, on the application of the appellant or the intending appellant, extend any time prescribed or allowed under this section for the filing of a notice of appeal or the stating of any case.

 

27. Appeals against decisions of High Court---

 

(1) If the appellant before the High Court is dissatisfied with any final determination of the Court in respect of the appeal as being erroneous in law, he may appeal to the Court of Appeal by way of case stated for the opinion of that Court on a question of law.

 

 (2) Within 14 days after the date of the determination or decision, the appellant shall file a notice of appeal with the Registrar of the High Court at Wellington. The appellant shall forthwith deliver or post a copy of the notice to the Secretary.

 

 (3) Within 14 days after the filing of the notice of appeal, or within such further time as the Judge before whom the proceedings were heard may in his discretion allow, the appellant shall state in writing and file with the Registrar a case setting out the facts and the grounds of the determination or decision and specifying the question of law on which the appeal is made. The appellant shall forthwith deliver or post a copy of the case to the Secretary.

 

 (4) As soon as practicable after the filing of the case, the Registrar shall cause it to be submitted to the Judge before whom the proceedings were heard.

 

 (5) The Judge shall, as soon as practicable, and after hearing the parties if he considers it necessary to do so, settle the case, sign it, and cause it to be sent to the Registrar. The settling and signing of the case shall be deemed to be the statement of the case by the Court.

 

 (6) Where, since the date of the determination or decision, the Judge before whom the proceedings were heard has ceased to hold office as such or died or left New Zealand, or is incapable by reason of sickness or otherwise from acting as such, the case may be submitted to any Judge of the High Court and may be settled and signed by him.

 

 (7) The Registrar shall send the signed case to the Registrar of the Court of Appeal, and shall make a copy available to the appellant.

 

 (8) If within 14 days after the filing of the notice of appeal, or within such further time as may be allowed, the appellant does not file a case pursuant to subsection (3) of this section, the Judge may certify that the appeal has not been prosecuted.

 

 (9) The High Court or a Judge of that Court may in its or his discretion, on the application of the appellant or intending appellant, extend any time prescribed or allowed under this section for the filing of a notice of appeal or the stating of any case.

 

 (10) Subject to the foregoing provisions of this section, appeals under this section shall be heard in accordance with the rules of Court.

 

28. Supervisory Committee may state case for High Court---

 

(1) The Supervisory Committee may, of its own motion or on the application of any interested party, state a case for the opinion of the [High Court] on any question of law arising in any matter before the Supervisory Committee.

 

29. Abortions not to be performed unless authorised by 2 certifying consultants---

 

Subject to the provisions of this Act, no abortion shall be performed unless and until it is authorised by 2 certifying consultants.

 

30. Supervisory Committee to set up and maintain list of certifying consultants---

 

(1) The Supervisory Committee shall set up and maintain a list of registered medical practitioners (in this Act termed certifying consultants) who may be called upon to consider cases referred to them by any registered medical practitioner and determine, in accordance with section 33 of this Act, whether to authorise an abortion.

 

 (2) Before drawing up the list, the Supervisory Committee shall determine the minimum number of certifying consultants required to ensure, so far as possible, that every woman seeking an abortion has her case considered expeditiously, and shall make that number of appointments in accordance with this section. Thereafter, the Committee shall keep that number under review, and shall from time to time make such further appointments, or revoke such number of appointments, as it considers necessary to meet any change in the circumstances.

 

 (3) Having determined the number of appointments to be made, the Supervisory Committee shall consult with the New Zealand Medical Association, and may consult with any other professional or other body, before determining whom to appoint.

 

 (4) In making appointments to the list, the Supervisory Committee shall ensure that the following requirements are met: (a) At least one half of the total number of appointees shall be  practising obstetricians or gynaecologists, and the list shall  be marked in such a way as to indicate which of the appointees  are so qualified: (b) There shall be a sufficient number of appointees practising in  each area of New Zealand to ensure that every woman seeking an  abortion can have her case considered without involving her in  considerable travelling or other inconvenience.

 

 (5) In addition, in making such appointments, the Supervisory Committee shall have regard to the desirability of appointing medical practitioners whose assessment of cases coming before them will not be coloured by views in relation to abortion generally that are incompatible with the tenor of this Act. Without otherwise limiting the discretion of the Supervisory Committee in this regard, the following views shall be considered incompatible in that sense for the purposes of this subsection:

 

(a) That an abortion should not be performed in any circumstances:

 

(b) That the question of whether an abortion should or should not be  performed in any case is entirely a matter for the woman and a  doctor to decide.

 

 (6) Every appointment to the list of certifying consultants shall be for a term of one year, but the Supervisory Committee may reappoint any practitioner on the expiry of his term.

 

 (7) The Supervisory Committee may at any time, at its discretion, revoke the appointment of any certifying consultant.

 

31. Supervisory Committee to appoint or approve counselling services---

 

(1) For the purposes of this Act, the Supervisory Committee shall from time to time---

 

(a) Appoint suitably qualified persons to provide counselling services  for persons considering having an abortion; or

 

(b) Approve any agency for the provision of such counselling services.

 

 (2) In appointing or approving persons or agencies for the provision of counselling services under this section, the Supervisory Committee shall have regard to the following matters:

 

(a) Every counselling service should be directed by an experienced and  professionally trained social worker:

 

(b) That suitably trained lay counsellors may also be used where there  are insufficient professional social workers:

 

(c) Every counsellor should be thoroughly familiar with all relevant  social services and agencies, and able to advise patients, or  refer them to appropriate agencies for advice, on alternatives  to abortion, such as adoption and solo parenthood.

 

32. Procedure where woman seeks abortion---

 

(1) Every registered medical practitioner (in this section referred to as the woman's own doctor) who is consulted by or in respect of a female who wishes to have an abortion shall, if requested to do so by or on behalf of that female, arrange for the case to be considered and dealt with in accordance with the succeeding provisions of this section and of section 33 of this Act.

 

 (2) If, after considering the case, the woman's own doctor considers that it may be one to which any of paragraphs (a) to (d) of subsection (1), or (as the case may require) subsection (3), of section 187A of the Crimes Act 1961 applies, he shall comply with whichever of the following provisions is applicable, namely:

 

(a) Where he does not propose to perform the abortion himself, he  shall refer the case to another registered medical practitioner  (in this section referred to as the operating surgeon) who may  be willing to perform an abortion (in the event of it being  authorised in accordance with this Act); or

 

(b) Where he proposes to perform the abortion himself (in the event of  it being authorised in accordance with this Act), he shall---  

 

(i) If he is himself a certifying consultant, refer the case  to one other certifying consultant (who shall be a practising  obstetrician or gynaecologist if the woman's own doctor is not)  with a request that he, together with the woman's own doctor,  determine, in accordance with section 33 of this Act, whether or  not to authorise the performance of an abortion; or  

 

(ii) If he is not himself a certifying consultant, refer the  case to 2 certifying consultants (of whom at least one shall be  a practising obstetrician or gynaecologist) with a request that  they determine, in accordance with section 33 of this Act,  whether or not to authorise the performance of an abortion.

 

 (3) Where an operating surgeon to whom a case is referred under subsection (2) (a) of this section is satisfied, after considering the case, that it is one to which any of paragraphs (a) to (d) of subsection (1), or (as the case may require) subsection (3), of section 187A of the Crimes Act 1961 applies, he shall, if he is willing to perform the abortion, either---

 

(a) If he is himself a certifying consultant, refer the case to one  other certifying consultant (who shall be a practising  obstetrician or gynaecologist if the operating surgeon is not,  and who shall not be the woman's own doctor) with a request that  he, together with the operating surgeon, determine, in  accordance with section 33 of this Act, whether or not to  authorise an abortion; or

 

(b) If he is not himself a certifying consultant, refer the case to 2  certifying consultants (of whom at least one shall be a  practising obstetrician or gynaecologist, and of whom one may be  the woman's own doctor) with a request that they determine, in  accordance with section 33 of this Act, whether or not to  authorise the performance of an abortion.

 

 (4) Where any registered medical practitioner is required to refer any case to any other practitioner under this section, he shall refer it in accordance with the procedure for the time being prescribed by the Supervisory Committee.

 

 (5) As soon as practicable after a case is referred to him, each certifying consultant shall consider the case and shall, if requested to do so by the patient, interview her; and at any such interview she shall be entitled to be accompanied by her own doctor (if he agrees).

 

 (6) The woman's own doctor and the proposed operating surgeon shall be entitled (with the patient's consent) to make such representations and to adduce such medical or other reports concerning the case as he thinks fit to each certifying consultant.

 

 (7) Every certifying consultant may, in considering any case, with the consent of the patient, consult with any other person (whether or not a registered medical practitioner) as he thinks fit in order to assist him in his consideration of the case, but he shall not disclose the patient's identity without her consent.

 

 (8) Notwithstanding anything in this section, or in section 33 of this Act, no certifying consultant shall be obliged to determine any case without first interviewing and examining the patient.

 

33. Determination of case---

 

(1) If, after considering the case, the certifying consultants are of the opinion that the case is one to which any of paragraphs (a) to (d) of subsection (1), or (as the case may require) subsection (3), of section 187A of the Crimes Act 1961 applies, they shall forthwith issue in accordance with subsection (5) of this section, a certificate in the prescribed form authorising the performance of an abortion.

 

 (2) If the certifying consultants are of the contrary opinion, they shall refuse to authorise the performance of an abortion.

 

 (3) If one of the certifying consultants is of the opinion that the case is one to which any of the said provisions applies and the other consultant is of the contrary opinion, they shall refer the case to another registered medical practitioner for his opinion, being a registered medical practitioner who is on the list of certifying consultants maintained under section 30 (1) of this Act.

 

 (4) If that other registered medical practitioner is of the opinion that the case is one to which any of the said provisions applies, the certifying consultant who is of the same opinion shall issue, in accordance with subsection (5) of this section, a certificate in the prescribed form authorising the performance of an abortion.

 

 (5) Where 2 certifying consultants determine that they should authorise an abortion, they shall . . . forward the said certificate to the holder of the licence in respect of the licensed institution in which the abortion is to be performed.

 

 (5A) Where the operating surgeon is not one of the certifying consultants issuing the certificate, he shall endorse on the certificate a statement that he is willing to perform an abortion on the patient to whom the certificate relates, but a failure to comply with this requirement shall not invalidate the certificate for the purposes of section 37(1) (b) of this Act or section 187A (4) of the Crimes Act 1961.

 

 (6) If, in respect of any case, any certifying consultant has not reached a decision within 14 days after it was referred to him, he shall advise the Supervisory Committee in writing of the matter, and of the reasons for the delay.

 

33A. Performance of abortion by other practitioner---

 

Nothing in section 32 or section 33 of this Act shall prohibit the performance of an abortion duly authorised in accordance with those sections by any registered medical practitioner who is not the operating surgeon within the meaning of section 32 of this Act.

 

34. Special provisions where patient mentally subnormal---

 

In any case where the patient lacks the capacity to consent, by reason of any mental incapacity, to an abortion, the persons charged, under section 33 of this Act, with determining whether to authorise the abortion shall, before determining the case, consult with a registered medical practitioner or other person believed by them to be qualified and experienced in the field and able to make an assessment of the patient's condition and the likely effect on it of the continuance of the pregnancy or an abortion.

 

35. Counselling---

 

When the certifying consultants have made a decision in any case (whether they have decided to authorise or to refuse to authorise the performance of an abortion), they shall (in consultation, where practicable, with the woman's own doctor) advise her of her right to seek counselling from any appropriate person or agency.

 

36. Certifying consultants to keep records and submit reports---(1) Every certifying consultant shall keep such records and submit to the Supervisory Committee such reports relating to cases considered by him and the performance of his functions in relation to such cases as the Supervisory Committee may from time to time require.

 

 (2) No such report shall give the name or address of any patient.

 

37. Offences---

 

(1) Every person who---

 

(a) Performs an abortion elsewhere than in a licensed institution; or

 

(b) Performs an abortion otherwise than in pursuance of a certificate  issued by 2 certifying consultants under section 33 of this  Act,---

 

commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding $1,000.

 

 (2) Nothing in subsection (1) of this section shall apply to the performance of an abortion by a medical practitioner who believes that abortion is immediately necessary to save the life of the patient or to prevent serious permanent injury to her physical or mental health.

 

 (3) It shall be a defence to a charge brought under subsection (1) (b) of this section if the defendant shows that he believed that a certificate had been issued in respect of the patient.

 

38. Crimes Act 1961 not affected---

 

Nothing in sections 11 to 37 of this Act shall limit or affect any of the provisions of the Crimes Act 1961.

 

39. Annual report---

 

Once in every year the Supervisory Committee shall prepare and submit to Parliament a report of its activities during the preceding 12 months.

 

40. Protection of persons acting in good faith---

 

No member of the Supervisory Committee, and no certifying consultant, shall be personally liable for any act done or omitted to be done by it or him in good faith in pursuance of the powers conferred on it or him by this Act.

 

41. Fees and travelling allowances---

 

(1) The Supervisory Committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

 

 (2) There shall be paid to the members of the Supervisory Committee, and of every committee appointed by it, and to every person co-opted under section 16 of this Act by the Supervisory Committee or any committee appointed by it, and to every certifying consultant, out of money from time to time appropriated by Parliament for the purpose, remuneration by way of salary, fees, and allowances and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if, in the case of each such committee, the committee were a statutory Board within the meaning of that Act, and as if, in the case of every certifying consultant, he were a member of such a Board.

 

42. Costs of administration---

 

(1) The costs of and incidental to the administration and operation of this Act shall be met out of money from time to time appropriated by Parliament for the purpose.

 

 (2) All fees from time to time payable under this Act shall be paid into a Departmental Bank Account.

 

43. Regulations---

 

The Governor-General may from time to time by Order in Council make regulations for all or any of the following purposes:

 

(a) Prescribing forms to be used for the purposes of this Act:

 

(b) Prescribing fees to be paid on applications under this Act:

 

(c) Prescribing maximum fees that may be charged by any person or  institution or class of persons or institutions in respect of  the performance of abortions and the provision of services in  respect thereof:

 

(d) Providing for such other matters as are contemplated by or  necessary for giving full effect to the provisions of this Act  and for the due administration thereof.

 

44. Female procuring her own miscarriage---

 

(1) Every female commits an offence and is liable on summary conviction to a fine not exceeding $200 who, with intent to procure miscarriage, whether she is pregnant or not,---

 

(a) Unlawfully administers to herself, or permits to be administered  to her, any poison or any drug or any noxious thing; or

 

(b) Unlawfully uses on herself, or permits to be used on her, any  instrument; or

 

(c) Unlawfully uses on herself, or permits to be used on her, any  other means whatsoever.

 

 (2) For the purposes of subsection (1) of this section the term ``miscarriage'' means---

 

(a) The destruction or death of an embryo or fetus after implantation;  or

 

(b) The premature expulsion or removal of an embryo or fetus after  implantation, otherwise than for the purpose of inducing the  birth of a fetus believed to be viable or removing a fetus that  has died.

 

 (3) For the purpose of determining whether any act referred to in subsection (1) of this section is or is not done unlawfully the provisions of section 187A of the Crimes Act 1961, so far as they are applicable and with the necessary modifications, shall apply.

 

 (4) The provisions of subsection (1) of this section shall apply whether or not the poison, drug, thing, instrument, or means administered or used was in fact capable of procuring miscarriage.

 

 45. Records of abortions to be forwarded to Supervisory Committee---

 

(1) Without limiting anything in section 36 of this Act, every medical practitioner who performs an abortion, or any other medical or surgical procedure that could lead to or effect a subsequent unnatural miscarriage, shall make a record thereof and of the reasons therefor, and shall, within one month after performing the abortion or other procedure, forward a copy of the record to the Supervisory Committee.

 

 (2) No such record shall give the name or address of the patient.

 

 (3) The Hospitals Amendment Act 1975 is hereby repealed.

 

46.  Conscientious objection—

 

(1) Notwithstanding anything in any other enactment, or any rule of law, or the terms of any oath or of any contract (whether of employment or otherwise), no registered medical practitioner, registered nurse, or other person shall be under any obligation—

 

(a) To perform or assist in the performance of an abortion or any operation undertaken or to be undertaken for the purpose of rendering the patient sterile:

 

(b) To fit or assist in the fitting, or supply or administer or assist in the supply or administering, of any contraceptive, or to offer or give any advice relating to contraception,--

 

if he objects to doing so on grounds of conscience.

 

(2) It shall be unlawful for any employer—

 

(a) To deny to any employee or prospective employee any employment, accommodation, goods, service, right, title, privilege, or benefit merely because that employee or prospective employee objects on grounds of conscience to do any act referred to in subsection (1) of this section; or

 

(b) To make the provision or grant to any employee or prospective employee of any employment, accommodation, goods, service, right, title, privilege, or benefit conditional upon that other person doing or agreeing to do any thing referred to in that subsection.

 

(3) Every person who suffers any loss by reason of any act or omission rendered unlawful by subsection (2) of this section shall be entitled to recover damages from the person responsible for the act or omission.

 

(4) Nothing in this section limits or affects the provisions of section 5 of this Act or section 11 of the Medical Practitioners Act 1995.

 

 

Abortion Regulations 1978.  Click here.