NEW ZEALAND.  Crimes Acts (1961 to 1999)
 
[Female Genital Mutilation
 
   [204A. Female genital mutilation---(1) For the purposes of this
 section,---
     ``Female genital mutilation'' means the excision, infibulation, or
         mutilation of the whole or part of the labia majora, labia
         minora, or clitoris of any person:
     ``Registered midwife'' means a person who is registered as a midwife
         under the Nurses Act 1977:
     ``Sexual reassignment procedure'' means any surgical procedure that
         is performed for the purposes of altering (whether wholly or
         partly) the genital appearance of a person to the genital
         appearance of a person of the opposite sex:
     ``Trainee health professional'' means any person who is receiving
         training or gaining experience under the supervision of---
           (a) A medical practitioner for the purpose of gaining
         registration as a medical practitioner; or
           (b) A registered midwife for the purpose of gaining
         registration as a registered midwife.
 
   (2) Subject to subsection (3) of this section, every one is liable to
 imprisonment for a term not exceeding 7 years who performs, or causes to
 be performed, on any other person, any act involving female genital
 mutilation.
 
   (3) Nothing in subsection (2) of this section applies in respect of---
   (a) Any medical or surgical procedure (including a sexual reassignment
         procedure) that is performed on any person---
           (i) For the benefit of that person's physical or mental
         health; and
           (ii) By a medical practitioner:
   (b) Any medical or surgical procedure that is performed on any
         person---
           (i) While that person is in labour or immediately after that
         person gives birth; and
           (ii) For the benefit of that person's health or the health of
         the child; and
           (iii) By a medical practitioner or a registered midwife or a
         trainee health professional, or by any other person in any case
         where the case is urgent and no medical practitioner or
         registered midwife or trainee health professional is available.
 
   (4) In determining, for the purposes of subsection (3) of this
 section, whether or not any medical or surgical procedure is performed
 on any person for the benefit of that person's physical or mental
 health, no account shall be taken of the effect on that person of any
 belief on the part of that person or any other person that the procedure
 is necessary or desirable as, or as part of, a cultural, religious, or
 other custom or practice.
 
   (5) Nothing in subsection (3) of this section limits or affects any
 enactment or rule of law relating to consent to any medical or surgical
 procedure or treatment.
 
   (6) It is no defence to a charge under this section that the person on
 whom the act involving female genital mutilation was performed consented
 to that act, or that the person charged believed that such consent had
 been given.
 
   (7) No person shall be charged as a party to an offence committed upon
 her against this section.

 

[204B. Further offences relating to female genital mutilation---(1)

 Every one is liable to imprisonment for a term not exceeding 7 years

 who, with intent that there be done, outside New Zealand, to or in

 relation to any child under the age of 17 years (being a child who is a

 New Zealand citizen or is ordinarily resident in New Zealand), any act

 which, if done in New Zealand, would be an offence against section 204A

 of this Act,---

   (a) Causes that child to be sent or taken out of New Zealand; or

   `(b) Makes any arrangements for the purposes of causing that child to

         be sent or taken out of New Zealand.

 

   (2) Every one is liable to imprisonment for a term not exceeding 7

 years who, in New Zealand, aids, incites, counsels, or procures the

 doing, outside New Zealand, in relation to any person who is a New

 Zealand citizen or is ordinarily resident in New Zealand, of any act

 which, if done in New Zealand, would be an offence against section 204A

 of this Act, whether or not the act is in fact done.

 

   (3) Every one is liable to imprisonment for a term not exceeding 7

 years who, in New Zealand, incites, counsels, procures, or induces any

 person who is a New Zealand citizen or is ordinarily resident in New

 Zealand---

   (a) To submit, outside New Zealand, to any act which, if done in New

         Zealand, would be an offence against section 204A of this Act;

         or

   (b) To acquiesce in the doing, outside New Zealand, on that person, of

         any such act; or

   (c) To permit any such act to be done, outside New Zealand, on that

         person,---

 

 whether or not, in any case, the act is in fact done.

 

   (4) It is no defence to a charge under subsection (2) or subsection

 (3) of this section that the person on whom the act was done consented

 to that act, or that the person charged believed that such consent had

 been given.

 

   (5) No person shall be charged as a party to an offence committed in

 relation to her against subsection (2) or subsection (3) of this

 section.]

 

       Ss. 204A and 204B were inserted by s. 3 of the Crimes Amendment

     Act 1995.