Alternative approaches to abortion law

This ministerial briefing paper provides advice to the Minister of Justice on alternative approaches that could be taken in New Zealand’s abortion laws if the Government decides to treat abortion as a health issue.  It describes three alternative legal models:

• Under Model A there would be no statutory test that must be satisfied before an abortion could be performed. The decision whether to have an abortion would be made by the woman concerned in consultation with her health practitioner.
• Under Model B there would be a statutory test. The health practitioner who intends to perform an abortion would need to be satisfied that the abortion is appropriate in the circumstances, having regard to the woman’s physical and mental health and wellbeing.
• Under Model C, there would be no statutory test until 22 weeks of a pregnancy. After 22 weeks, the health practitioner who intends to perform an abortion would need to be satisfied that the abortion is appropriate in the circumstances, having regard to the woman’s physical and mental health and wellbeing.

Regardless of which model may be preferred, the briefing paper sets out several other changes that could be made to align the law with a health approach to abortion. They include:

• Repealing the current grounds for abortion in the Crimes Act.

• Removing the requirement for abortions to be authorised by two specially appointed doctors called ‘certifying consultants’.
• Repealing the criminal offences in the Crimes Act relating to abortion. Instead, other offences in the Crimes Act and health legislation that currently exist would protect women from unsafe abortions. If Model B or C is adopted, an additional offence could be introduced in health legislation for people who perform abortions that don’t meet the statutory test. In no case would the woman be subject to an offence.
• Allowing women to access abortion services directly, rather than having to get a referral from a doctor as they do under the current law.
• Removing the current restrictions around who may perform an abortion and where abortions must be performed. Instead, the provision of abortion services would be regulated by appropriate health bodies, the same as any other health care procedure.
• Moving the Abortion Supervisory Committee’s oversight responsibilities to the Ministry of Health.
• Requiring health practitioners who do not wish to provide health services in relation to abortion because of a conscientious objection to refer women to someone who can provide the service.

Note: the briefing paper refers to the Termination of Pregnancy Bill 2018 (Qld). The Bill was passed by the Queensland Parliament on 17 October 2018, shortly after the briefing paper was finalised for printing.

Related Documents:

 Alternative approaches to abortion law: Ministerial briefing paper MB4 (PDF)

 Letter from the Hon Sir Douglas White QC (President of the Law Commission) to Hon Andrew Little (Minister of Justice) (PDF)

 

Abortion Legislation Bill

Publication date 

22 August 2019

The Abortion Legislation Bill was introduced on 5 August 2019. If passed the Bill would implement a modified version of Model C (which the Law Commission described in its Ministerial Briefing as one possible approach to ensuring New Zealand’s abortion laws are consistent with treating abortion as a health issue).

The Bill is being treated as a conscience issue, meaning Members of Parliament can cast their votes freely, without being expected to follow a collective party position. The Bill passed its first reading on 8 August 2019 and has been referred to the Abortion Legislation Committee. The Abortion Legislation Committee is accepting submissions until 19 September 2019.