Abortion Laws In New Zealand: What You Need To Know

Abortion laws in New Zealand have undergone significant changes in recent years, marking a shift from heavily restricted and criminalised abortion access to a framework that treats abortion as a health issue rather than a crime. The Abortion Legislation Act of 2020 eliminated the criminal status of abortion, allowing termination on request during the first 20 weeks of pregnancy. This reform replaced the previous requirement of consulting two doctors and only permitting abortions under specific circumstances. The new law also addresses conscientious objection, safe zones around abortion providers, and the role of health practitioners in the process.

Abortion Legislation Act 2020

The Abortion Legislation Act 2020 is a law in New Zealand that allows unrestricted access to abortion within the first 20 weeks of pregnancy. After the 20-week period, women seeking an abortion must consult a qualified health practitioner who will assess their physical health, mental health, and well-being. The Act also provides provisions for conscientious objection rights for medical practitioners and exempts abortion services from certain Crimes Act provisions.

The Act repeals sections of the Crimes Act 1961 related to unlawful abortion and amends the Contraception, Sterilisation, and Abortion Act 1977 (CS&A Act 1977). Under the previous law, abortion was an offence in New Zealand, and a woman could only legally get an abortion if two doctors certified that continuing the pregnancy would result in danger to her mental or physical health. The Abortion Legislation Act 2020 eliminates the criminal status of abortion and allows termination on request during the first 20 weeks of pregnancy. After 20 weeks, abortion is permitted only if a health practitioner deems it "clinically appropriate" and consults at least one other health practitioner.

The Act received cross-party support, with members of Parliament from the governing Labour Party, the Green Party, and New Zealand First largely voting in favour of the bill. The opposition National Party was allowed a conscience vote, and the bill passed with a substantial majority of 68-51 in its favour at the third reading.

The legislative vote in parliament was labelled a conscience issue, meaning that MPs did not have to vote along party lines. The reform bill, issued by Jacinda Ardern's government, means that a woman no longer has to be assessed by a health practitioner for mental or physical well-being before 20 weeks. Women are now able to refer themselves to an abortion service provider and are made aware of counselling services.

The Abortion Legislation Act 2020 is a significant reform in New Zealand's abortion laws, which had been unchanged for more than four decades. The passing of the bill is seen as a win for Prime Minister Jacinda Ardern's centre-left coalition party. Decriminalising abortion was one of Ardern's campaign promises when she was elected in 2017.

Abortion as a health issue

Abortion in New Zealand has been decriminalised and is now treated as a health issue rather than a crime. The Abortion Legislation Act 2020, which came into effect in March 2020, allows for termination on request during the first 20 weeks of pregnancy. After 20 weeks, abortion is permitted only if a health practitioner deems it "clinically appropriate" and consults at least one other health practitioner. The law does not specify what the conditions are that constitute "clinically appropriate", and there are no criminal penalties.

The new legislation modernises abortion laws that had been in place since 1977 and proposes that a woman should have access to abortion services until 20 weeks of pregnancy, with advice from her doctor. Previously, abortion was an offence in New Zealand, and a woman could only legally get an abortion if two doctors certified that continuing the pregnancy would result in danger to her mental or physical health. The previous law required a woman seeking an abortion to go through many hoops, and the changes agreed to by parliament will better ensure women get advice and treatment in a more timely way.

The Abortion Legislation Act 2020 has significantly changed the way abortion care can be provided in New Zealand, with the potential to improve access, reduce inequities, and transform the abortion experience for those who choose to end their pregnancy. The primary care sector stands to be a key player in the provision of first-trimester abortion care. However, issues relating to funding, training, and access to medications remain unresolved, and the health sector is not yet ready to provide best-practice abortion care within the new legislative framework.

The World Health Organization (WHO) advocates shifting and sharing abortion care from specialist providers to mid-level providers, such as registered nurses, nurse practitioners, and midwives. The WHO recommends that these health practitioners can safely provide early medical abortion (EMA) and aspiration abortion in the primary care setting. The rationale for training mid-level health providers in abortion care is to increase access to abortion and reduce the burden of cost to the healthcare system, without compromising safety.

Health practitioners who are not abortion providers can refer pregnant people to an abortion provider. However, under the new law, pregnant people can self-refer and are not contingent on a referral from another health practitioner.

Abortion services are free for anyone eligible for publicly funded healthcare in New Zealand.

The Crimes Act 1961

Prior to the Abortion Legislation Act 2020, abortion in New Zealand was heavily restricted and criminalised under the Crimes Act 1961. However, significant changes occurred in 1977 and 1978 to allow abortions under specific circumstances, and subsequent High Court and Court of Appeal decisions further liberalised abortion access. In 1977, the Crimes Act 1961 was amended to allow abortion within the 20-week gestation period. After 20 weeks, abortion was permitted on the grounds of saving the mother's life and preventing serious permanent injury to her mental and physical health. In 1978, the Act was further amended to permit abortion on the grounds of foetal abnormality within the 20-week gestation period, incest, or sexual intercourse with guardians and family members. In 1986, the Act was again amended to include factors like the extremes of age and sexual violation.

The Abortion Legislation Act 2020 replaced Sections 182A to 187A of the Crimes Act 1961 with Section 183, which states that abortion is only an offence if a person who is not a health practitioner procures or performs an abortion on a woman. The woman herself is not guilty of the offence. This amendment entirely eliminated the criminal status of abortion and allows termination on request during the first 20 weeks of pregnancy. After 20 weeks, abortion is permitted only if a health practitioner deems it "clinically appropriate" and consults with at least one other health practitioner.

Conscientious objection

Under the Act, a health practitioner with a conscientious objection to abortion must inform the patient of their stance and provide them with information on how to access alternative abortion providers. They are required to ensure an indirect referral to another provider who is willing to refer the patient to abortion services. This ensures that patients can still access abortion services in a timely manner, even if their initial health provider objects.

Additionally, employers providing abortion services must accommodate an employee's conscientious objection unless doing so would cause unreasonable disruption to their service provision. Accommodating an employee's objection may include reassigning those duties to another employee.

The Health Practitioners Competence Assurance Act 2003 also allows for conscientious objection by medical professionals. This means that doctors, nurses, and other health practitioners can refuse to perform or assist with abortions if it conflicts with their personal beliefs. However, they must inform the patient of their objection and provide them with information on how to access alternative services.

The right to conscientious objection in New Zealand strikes a balance between respecting the rights of health providers and ensuring timely access to abortion care for patients.

Decriminalisation

The new law proposes that a woman should have access to abortion until 20 weeks of pregnancy, with advice from her doctor. After 20 weeks, a pregnant woman would require a test, and two doctors must agree that an abortion is the right decision. Previously, abortion was an offence in New Zealand, and a woman could only legally obtain an abortion if two doctors certified that continuing the pregnancy would result in danger to her mental or physical health.

The decriminalisation of abortion can be defined as not punishing anyone for providing or having an abortion and not involving the criminal justice system in deciding who can have an abortion. It means treating abortion like any other health procedure and allowing qualified health practitioners to provide evidence-based abortion care. The intention of the Abortion Legislation Act 2020 was to bring the legal framework for abortion in line with how other health services are delivered.

The implementation of the Act transferred supervision of abortion services from the Ministry of Justice to the Ministry of Health. The Ministry of Health is now responsible for ensuring that abortion care and counselling are provided according to standards published by the Director-General. The World Health Organization (WHO) advocates shifting abortion care from specialist providers to mid-level providers, such as registered nurses, nurse practitioners, and midwives, to increase access and reduce the burden of cost to the healthcare system.

The decriminalisation of abortion in New Zealand was a result of efforts by abortion rights advocates and groups, such as the Abortion Law Reform Association of New Zealand (ALRANZ), who campaigned for the complete decriminalisation of abortion in the country. The reform was also one of Prime Minister Jacinda Ardern's campaign promises when she was elected in 2017.

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