Abortion in New Zealand is available within the framework of the Abortion Legislation Act 2020, which 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 at least one other health practitioner. However, the law does not specify what the conditions are which constitute "clinically appropriate", and there are no criminal penalties. Abortion is illegal only if a person who is not a licensed health practitioner procures or performs it.
Before 2020, abortion in New Zealand was heavily restricted and criminalised under the Crimes Act 1961, with some changes occurring in 1977 and 1978 to allow abortions under specific circumstances, although subsequent High Court and Court of Appeal decisions liberalised abortion access within that context, particularly Wall v Livingston in 1982.Wall v Livingston 1 NZLR 734 (CA) In March 2022, New Zealand implemented explicit "safe access zones" by legislation around abortion clinics and/or hospitals.
Current legislation
Abortion in New Zealand is regulated by four laws: the Abortion Legislation Act 2020, the Contraception, Sterilisation, and Abortion Act 1977 (CS&A Act 1977), the Health Practitioners Competence Assurance Act 2003, and Section 38 of the Care of Children Act 2004. A woman who is not more than 20 weeks pregnant may seek abortion from a health practitioner. A woman seeking an abortion past 20 weeks must obtain approval from a health practitioner, who decides whether the procedure is "clinically appropriate" and consults with at least one other qualified practitioner. Prior to 24 March 2020, women in New Zealand could only seek an abortion after consulting two health practitioners.
Abortion Legislation Act 2020 The Abortion Legislation Act 2020 amends two existing laws: the Contraception, Sterilisation, and Abortion Act 1977 and the Crimes Act 1961. While the Abortion Legislation Act's initially introduced safe zones around abortion providers, it was eliminated from the final version of the law.
Contraception, Sterilisation, and Abortion Act 1977: It replaces Sections 10 to 46 of the CS&A Act 1977 with Sections 10–14 and Sections 19–21. The amended bill also abolishes the Abortion Supervisory Committee, the former regulatory body that reported to Parliament, and gives its former responsibilities to the Minister of Health and the Director-General of Health. Section 10: A qualified health practitioner may provide abortion services to a woman who is not more than 20 weeks pregnant. Section 11: After 20 weeks, a health practitioner can only provide abortion services to a woman if it is deemed clinically appropriate and if they consult at least one other qualified practitioner. Section 13: A health practitioner must advise a woman of the availability of counselling services if the woman seeks advice on whether to continue or terminate a pregnancy; advises the health practitioner of her intention to terminate the pregnancy; or has terminated pregnancy. Section 14: A health practitioner cannot coerce a woman into seeking counselling as a condition for procuring an abortion. Section 19: A health practitioner with a conscientious objection to abortion must inform the patient and provide them with information on accessing alternative abortion providers. Section 20: Employer providing certain services must accommodate conscientious objection of applicant or employee, unless it would cause unreasonable disruption. Abortion is regulated by the Ministry of Health and the Director-General of Health, which oversee the collection and publication of information relating to abortion services and providers. Section 20F states that the New Zealand Parliament opposes abortion for the sole purpose of sex-selection, but does not prohibit the practice. Section 21: The Governor-General has the authority to direct the Director-General of Health to collection information relating to the regulation of abortion services stated in Section 20. Crimes Act 1961: Abortion is eliminated from the Crimes Act. The Abortion Legislation Act replaces Sections 182A to 187A with Section 183, which states that abortion is only an offense if a person who is not a health practitioner procures or performs an abortion on a woman. The woman is not guilty of the offense.
Health Practitioners Competence Assurance Act 2003 This allows for conscientious objection by medical professionals.
Care of Children Act 2004 Section 38 of the Care of Children Act 2004 allows a young woman under the age of 16 to consent to an abortion, but that she must still go through the process outlined in the CS&A Act 1977.
History 19th century and early 20th century English law, applied in New Zealand in 1840, outlawed abortion. In 1867, the New Zealand Parliament made it an offence to cause a miscarriage. Under the law, abortion providers were considered criminals while the woman seeking an abortion was considered an accomplice to the crime. If a woman induced her own abortion, she was considered a criminal under the law. Therapeutic abortions were available under limited circumstances such as when the woman's life or mental health was in serious danger. During the late 1930s, this right was extended by a court judgment. However, abortion was still strongly frowned upon by society with many doctors refusing to perform terminations.
In 1936 the First Labour Government of New Zealand set up a committee, led by D.G. McMillan, to inquire about the incidence of septic abortion in New Zealand. The report estimated that at least 13 in every 100 pregnancies ended in criminal abortion, that number having increased over the five years prior. In the same time period, while maternal deaths had dropped, the number of deaths due to septic abortions had increased, accounting for two-fifths of total maternal mortality. Based on evidence heard before the committee, it was found that a major reason for abortions was a change in social outlook, "particularly towards the rearing of large families" and "an attitude of pitying superiority towards the woman with many children." Other reasons included lack of suitable housing in cities, lack of help for women in performing domestic labour, and the widespread use of ineffective methods of contraception.
In the 1930s, Isabel Annie Aves was tried four times for "unlawfully using an instrument with intent to procure a miscarriage" without conviction. In the 1940s, activists such as Alice Bush advocated for access to doctor-provided abortions.
Changing attitudes, 1960s–1970s Following the Second World War, the Sexual Revolution during the 1960s led a change in societal attitudes towards matters of sex, birth control, and motherhood including abortion. These also gave rise to the emergence of Second-wave feminism and the Women's liberation movement during the 1960s and 1970s. Between 1965 and 1970, the number of abortions performed in public hospitals jumped from 70 in 1965 to more than 300 by 1970. Public debate increased following the legalisation of abortion in Britain in 1967, and court decisions in Australia in 1967 and 1970 legalising abortion. The legalisation of abortion in Australia enabled New Zealand women who could afford to travel there to have abortions in Australia.
Growing public awareness and debate about abortion led to the emergence of rival anti-abortion and abortion rights groups. Early anti-abortion groups included the Society for the Protection of the Unborn Children (SPUC) and REPEAL while early abortion rights groups included the Abortion Law Reform Association of New Zealand (ALRANZ) and the more militant Women's National Abortion Action Campaign (WONAAC). According to McCulloch, several Socialist Action League members including Kay Goodger were involved in the formation of WONAAC.
During the 1970s, the Catholic Church, conservative Protestant denominations, and the Mormons opposed abortion. By contrast, the Anglican, Baptist, Methodist, and Presbyterian denominations took a more liberal stance; which generated controversy among their members. In addition, abortion attracted bipartisan support from some members of the New Zealand Parliament including Labour MPs Mary Batchelor and Whetu Tirikatene-Sullivan, and National MPs George Gair and Marilyn Waring.
The first abortion clinic in New Zealand was the Auckland Medical Aid Centre (AMAC), which opened in 1974 and introduced the practice of vacuum aspiration to New Zealand. By the end of its first year, it had provided 2,288 women with abortions. By 1975, this figure had risen to 4,005. AMAC attracted opposition from anti-abortion activists including arson attacks. The New Zealand Police also raided AMAC in 1974, leading to the prosecution and acquittal of one of its doctors, Jim Woolnough.
Decriminalising abortion, 1977–1978 In response to AMAC, the New Zealand Parliament passed Labour MP and SPUC member's Gerard Wall's Hospitals Amendment Act 1975 which limited the provision of abortion services to licensed hospitals. While AMAC was forced to close, it later reopened in 1980 after buying a private hospital. The Hospitals Amendment Act was later invalidated on technical grounds. In response to the closure of AMAC, abortion rights activists established the Sisters Overseas Service (SOS), which helped women travel to Australia for abortion operations in 1978 and 1979. McCulloch estimates that SOS chapters across New Zealand including Auckland and Wellington sent between 4,000 and 4,500 women to Australia for abortion operations during that period. National Party MP Frank Gill later tried to entrench Wall's bill through the Health Amendment Bill 1976 but pro-abortion rights National MP George Gair managed to pass an amendment deferring it by twelve months.
In response to growing public debate around abortion, Parliament set up a Royal Commission on Contraception, Sterilisation and Abortion to consider public policy on these issues. At the Commission's recommendations, the Third National Government passed the Contraception, Sterilisation, and Abortion Act 1977 (CS&A Act 1977) on 15 December 1977, which established the legal framework for abortion in New Zealand. Under the CS&A Act, a woman seeking abortion had to see their doctor and the two medical consultants, who would assess the mental and physical grounds for carrying out an abortion. A surgeon would also be needed to perform an abortion. Counselling was also made available to women seeking an abortion. The CS&A Act also established an Abortion Supervisory Committee to regulate the certifying consultants responsible for permitting abortions. The Act also required district health boards to fund abortions. During the late 1970s and 1980s, several public and private abortion clinics were opened in Auckland, Wellington, and Christchurch.
The CS&A Act was criticised by the feminist group Campaign to Oppose Repressive Abortion Laws (CORAL) and WONAAC as being too restrictive and infringing on women's reproductive rights. In 1977, the Government also amended the Crimes Act 1961 to allow abortion within the 20 weeks 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 Government further amended the Crimes Act to permit abortion on the grounds of saving the mother's life, mental health, and physical health; foetal abnormality within the 20 weeks gestation period; and incest or sexual intercourse with guardians and family members. In 1986, the Crimes Act was further amended to take into account factors like the extremes of age and sexual violation.
Post decriminalisation, 1977–1990s