Contraception, Sterilisation, and Abortion Act 1977

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 38 to 43
3: Sections 18 29 32 to 37
4: Except as provided in subsection (2) or subsection (3), 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
a: means intentionally causing the termination of a woman’s pregnancy by any means, including—
i: by using a drug or combination of drugs; or
ii: by using an instrument; but
b: does not include—
i: any procedure intended to induce the birth of a live fetus believed to be viable; or
ii: any procedure to remove a dead fetus; or
iii: any contraceptive abortion service provider abortion services conscientious objection contraceptive Director-General employer entity
a: a body corporate:
b: a corporation sole:
c: an unincorporated body:
d: a sole trader health practitioner section 5(1) hospital section 58(4) medical emergency medical practitioner section 114(1)﻿(a) premises
a: the building in which the abortion services are provided; and
b: the land on which that building is sited qualified health practitioner Health Practitioners Competence Assurance Act 2003 safe area section 13C(1) Section 2 replaced 24 March 2020 section 5 Abortion Legislation Act 2020 Section 2 premises inserted 19 March 2022 section 4(2) Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022 Section 2 safe area amended 19 March 2022 section 4(1) Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 2A inserted 24 March 2020 section 6 Abortion Legislation Act 2020
2B: Act binds the Crown
This Act binds the Crown. Section 2B inserted 24 March 2020 section 6 Abortion Legislation Act 2020 Contraception
3: Sale or disposal, etc, of contraceptives to children
Section 3 repealed 7 September 1990 Contraception, Sterilisation, and Abortion Amendment Act 1990
4: Administering of contraceptives to mentally subnormal females
1: Subject to subsection (3), a parent or guardian of any female, or any person who is acting in the place of a parent of any female, or any person otherwise having the custody or care of any female, or any
2: For the purposes of subsection (1), a female is mentally subnormal
3: Nothing in subsection (1) shall authorise any person who is not a
4: Every person who, with reasonable care and skill, administers any contraceptive in accordance with this section is protected from criminal and civil responsibility in respect thereof. Section 4(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 4(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
5: Supply of contraceptives to
sexual violation
1: Where any person makes a complaint of sexual violation constable constable constable or unless the medical practitioner is satisfied that the sexual violation did not involve the penetration of the complainant's genitalia
a: to advise the complainant of a contraceptive precaution she may take in order to avoid the risk of pregnancy, and to supply to her or authorise the supply to her of any contraceptive for that purpose; or
b: to advise her of her right to obtain such service from an alternative person who is a provider of contraceptive services and how to access the contact details of such a person
2: Without limiting subsection (1), where any patient complains of sexual violation sexual violation
3: Without limiting anything in Part 4
3A: If a medical practitioner referred to in subsection (1) or (2) has a conscientious objection to supplying or authorising the supply to the complainant of any contraceptive, the medical practitioner must tell the complainant—
a: of their conscientious objection at the earliest opportunity; and
b: how to access the contact details of another person who is a provider of contraceptive services.
4: In this section sexual violation section 128 Section 5 heading amended 1 February 1986 section 7(3) Crimes Amendment Act (No 3) 1985 Section 5(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 5(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 5(1) amended 1 July 1994 Crimes Amendment Act 1994 Section 5(1) amended 1 February 1986 section 7(3) Crimes Amendment Act (No 3) 1985 Section 5(1)﻿(b) amended 24 March 2020 section 7(1) Abortion Legislation Act 2020 Section 5(2) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 5(2) amended 1 February 1986 section 7(3) Crimes Amendment Act (No 3) 1985 Section 5(3) substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 5(3A) inserted 24 March 2020 section 7(2) Abortion Legislation Act 2020 Section 5(4) added 1 February 1986 section 7(3) Crimes Amendment Act (No 3) 1985
6: Standards for manufacture of condoms
1: No person shall manufacture for sale or sell any condom or other contraceptive device that does not comply with a standard for the time being approved for the purposes of this section by the Minister of Health by notice
2: Every person who manufactures for sale or sells any condom or other contraceptive device in contravention of subsection (1) commits an offence and is liable on
3: For the purposes of this section the term condom
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Sterilisation
7: Consent to sterilisation operation
Notwithstanding anything in any enactment or rule of law to the contrary, no person shall have the capacity to consent to the performance on any other person of an operation of sterilisation if that other person lacks the capacity to consent on his own behalf by reason only of his age.
8: Reports on sterilisations
1: Every
a: the reasons for the operation:
b: the age, sex, relationship status
c: whether the patient stayed in hospital for 1 or more nights:
d: whether the operation was performed post-partum.
2: No such report shall give the name or address of the patient.
3: Every Section 8(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 8(1)﻿(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 8(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 8(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
9: Conditions relating to sterility not to be attached to loans or employment
1: It shall be unlawful for any person (in this subsection referred to as the lender), or any person acting or purporting to act on behalf of the lender,—
a: to require any other person (in this subsection referred to as the borrower), or the borrower's spouse , civil union partner, or de facto partner
b: to refuse to grant any loan to the borrower merely because the borrower or the borrower's spouse , civil union partner, or de facto partner
2: It shall be unlawful for any person (in this subsection referred to as the employer), or any person acting or purporting to act on behalf of the employer,—
a: to require any other person (in this subsection referred to as the employee), or the employee's spouse , civil union partner, or de facto partner
b: to refuse to grant any such employment, conditions, benefits, or opportunities merely because the employee or the employee's spouse , civil union partner, or de facto partner
3: Every person who suffers any loss by reason of any act or omission rendered unlawful by subsection (1) or subsection (2) shall be entitled to recover damages from the person responsible for the act or omission. Section 9(1)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 9(1)﻿(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 9(2)﻿(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 9(2)﻿(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Abortion
10: Provision of abortion services to women not more than 20 weeks pregnant
A qualified health practitioner may provide abortion services to a woman who is not more than 20 weeks pregnant. Section 10 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
11: Provision of abortion services to women more than 20 weeks pregnant
1: A qualified health practitioner may only provide abortion services to a woman who is more than 20 weeks pregnant if the health practitioner reasonably believes that the abortion is clinically appropriate in the circumstances.
2: In considering whether the abortion is clinically appropriate in the circumstances, the qualified health practitioner must—
a: consult at least 1 other qualified health practitioner; and
b: have regard to—
i: all relevant legal, professional, and ethical standards to which the qualified health practitioner is subject; and
ii: the woman’s—
A: physical health; and
B: mental health; and
C: overall well-being; and
iii: the gestational age of the fetus.
3: Subsection (2) does not apply in a medical emergency. Section 11 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
12: Counselling
1: A health practitioner must advise a woman of the availability of counselling services if the woman—
a: seeks advice or information about whether to continue or terminate a pregnancy; or
b: advises the health practitioner of the wish to terminate a pregnancy; or
c: has terminated a pregnancy.
2: A qualified health practitioner may not, as a condition of providing abortion services to a woman, require the woman to attend counselling before or after the provision of those services. Section 12 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
13: Self-referral to abortion services
A qualified health practitioner may not, as a condition of providing abortion services to a woman, require the woman to be referred from a health practitioner. Section 13 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
13A: Certain behaviour prohibited in safe areas
1: A person must not—
a: obstruct a person in a safe area who is approaching, entering, or leaving any building in which abortion services are provided; or
b: make a visual recording of another person in a safe area in a manner that is likely to cause emotional distress to a person accessing, providing, or assisting with providing, abortion services; or
c: do any of the following in a safe area in a manner that could be easily seen or heard by another person ( A
i: advise or persuade A to refrain from accessing or providing abortion services (unless the advice or persuasion is by a person who is, with the consent of A, accompanying A):
ii: inform A about matters related to the provision of abortion services, other than during the course of providing those services, or assisting with provision of those services (unless the information is provided by a person who is, with the consent of A, accompanying A):
iii: engage in protest about matters relating to the provision of abortion services.
2: A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $1,000. Section 13A inserted 19 March 2022 section 5 Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022
13B: Power of constable to arrest without warrant
If a constable reasonably believes that a person is engaging in prohibited behaviour in a safe area, the constable may—
a: require the person to stop engaging in the prohibited behaviour; and
b: if the person fails to stop engaging in the prohibited behaviour, arrest the person and take the person into custody without a warrant. Section 13B inserted 19 March 2022 section 5 Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022
13C: Regulations: safe areas
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Health after consultation with the Minister of Justice, make regulations for the purposes of section 13A
a: any specified premises at which abortion services are provided; and
b: an area around those premises that is an area having a boundary of not more than 150 metres from the perimeter of the premises.
2: The Minister of Health may recommend the making of regulations under subsection (1) if the Minister is satisfied that prescribing a safe area—
a: is desirable to address any risk to the safety and well-being of persons doing any of the following, and to respect the privacy and dignity of those persons:
i: accessing abortion services:
ii: providing, or assisting with providing, abortion services:
iii: seeking advice or information about abortion services:
iv: providing, or assisting with providing, advice or information about abortion services; and
b: can be demonstrably justified in a free and democratic society as a reasonable limitation on people’s rights and freedoms.
3: Not later than 5 years after making any regulations under subsection (1) prescribing a particular safe area, and then at subsequent intervals of not more than 5 years, the Director-General, in consultation with the Secretary for Justice, must—
a: review the regulations (if they are still in force) to determine whether that prescribed safe area is still—
i: desirable for the purposes specified in subsection (2)﻿(a); and
ii: demonstrably justified as specified in subsection (2)﻿(b); and
b: report to the Minister of Health and the Minister of Justice on whether the regulations should be—
i: continued without amendment; or
ii: continued with amendment; or
iii: revoked.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 13C inserted 19 March 2022 section 5 Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022 Miscellaneous provisions Heading inserted 24 March 2020 section 8 Abortion Legislation Act 2020
14: Conscientious objection
1: This section applies to a person ( A B
a: contraception services:
b: sterilisation services:
c: abortion services:
d: information or advisory services about whether to continue or terminate a pregnancy.
2: If A has a conscientious objection to providing, or to assisting with providing, to B the service requested, A must tell B at the earliest opportunity—
a: of their conscientious objection; and
b: how to access the contact details of another person who is the closest provider of the service requested.
3: In subsection (2)﻿(b), the closest provider
a: the physical distance between the providers; and
b: the date and time that B makes the request under subsection (1); and
c: the operating hours of the provider of the service requested.
4: This section does not override a health practitioner’s professional and legal duty to provide prompt and appropriate medical assistance to any person in a medical emergency. Section 14 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
15: Employer providing certain services must accommodate conscientious objection of applicant or employee unless it would cause unreasonable disruption
1: An employer that provides any of the services specified in section 14(1)
a: refuse or omit to employ the applicant for work that is available; or
b: offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar work; or
c: terminate the employment of the employee in circumstances in which the employment of other employees employed in the same or substantially similar work would not be terminated; or
d: subject the employee to any detriment in circumstances in which other employees employed in the same or substantially similar work would not be subjected to such detriment; or
e: retire the employee, or to require or cause the employee to retire or resign.
2: However, if accommodating an applicant’s or employee’s conscientious objection would unreasonably disrupt the employer’s provision of health services, the employer may take any of the actions described in subsection (1).
3: Accommodating an applicant’s or employee’s conscientious objection may include arranging for the duties in respect of which the applicant or employee has an objection to be carried out by an existing employee.
4: An applicant or employee who alleges that an employer has contravened this section may make a complaint under the Human Rights Act 1993 section 22
5: If an applicant or employee who alleges that an employer has contravened this section is entitled to pursue a personal grievance under the Employment Relations Act 2000
a: apply to the Employment Relations Authority for the resolution of the grievance under that Act; or
b: make a complaint under the Human Rights Act 1993
6: In this section, employer section 2
a: the person for whom work is done by an independent contractor; and
b: the person for whom work is done by contract workers under a contract between that person and the person who supplies the contract workers; and
c: the person for whom work is done by an unpaid worker. Section 15 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
16: Minister of Health to ensure availability of certain services
1: Health New Zealand and the Māori Health Authority must, when developing the New Zealand Health Plan under the Pae Ora (Healthy Futures) Act 2022
a: the following services are available throughout New Zealand:
i: the services specified in section 14(1)
ii: counselling services in relation to, or in connection with, the provision of abortion services; and
b: the following services are provided in accordance with the standards developed section 19(1)﻿(b)
i: abortion services:
ii: counselling services in relation to, or in connection with, the provision of abortion services.
2: To meet the obligation under subsection (1)﻿(a)﻿(i), Health New Zealand and the Māori Health Authority
3: In this section, emergency contraception Section 16 replaced 24 March 2020 section 8 Abortion Legislation Act 2020 Section 16(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 16(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 16(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
17: Duty of Director-General to undertake periodic reviews of certain matters
1: Not later than 5 years after the commencement of this section, and then at subsequent intervals of not more than 5 years, the Director-General must—
a: review whether there is timely and equitable access to—
i: the services specified in section 14(1)
ii: counselling services in relation to, or in connection with, the provision of abortion services; and
b: report to the Minister of Health on—
i: the outcomes of the review; and
ii: the recommendations that the Director-General considers appropriate (if any) for improving the timely and equitable access to those services.
2: The review and report under subsection (1) must include consideration of the relative costs throughout New Zealand for women accessing those services. Section 17 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
18: Duty of Director-General to compile, maintain, and make available list of abortion service providers
1: The Director-General must compile and maintain a list of the names and contact details of abortion service providers in New Zealand.
2: The Director-General may not include in the list the name and contact details of any abortion service provider who advises the Director-General that they do not want their name and contact details included in the list.
3: The Director-General must ensure that the list, or the information on the list, is accessible to any person on request. Section 18 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
19: Duty of Director-General to collect, collate, analyse, and publish information
1: The Director-General must—
a: collect, collate, analyse, and publish information about the provision of—
i: abortion services in New Zealand; and
ii: counselling services in relation to, or in connection with, the provision of abortion services; and
b: develop
2: However, the Director-General must not publish, under subsection (1)﻿(a), any information in a form that could reasonably be expected to identify a woman who has been, or is being, provided with abortion services or counselling services.
3: Standards under subsection (1)﻿(b) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19 replaced 24 March 2020 section 8 Abortion Legislation Act 2020 Section 19(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
20: Abortion service provider to notify Director-General about abortion services provided
1: An abortion service provider must notify the Director-General after the following services are provided by or through the provider:
a: a surgical abortion; or
b: a medicine is prescribed or administered for the purpose of inducing an abortion.
2: A notification must include, in relation to the provision of the services referred to in subsection (1),—
a: the information specified in Schedule 2
b: such other information the Director-General may require.
3: However, in no case may the information provided under this section include the name of the woman to whom the abortion service was provided.
4: A notification must be given—
a: not later than 1 month after the provision of the abortion service; and
b: in the form or manner required by the Director-General.
5: This section is repealed on the expiry of 18 months after the date on which it comes into force. Section 20 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
21: Abortion for sole purpose of sex selection
1: This Parliament opposes the performance of abortions being sought solely because of a preference for the fetus to be of a particular sex.
2: Not later than 5 years after the commencement of this section, and then at subsequent intervals of not more than 5 years, the Director-General must—
a: review whether there is any evidence of abortions being sought solely because of a preference for the fetus to be of a particular sex; and
b: report to the Minister of Health on—
i: the outcome of the review; and
ii: if there is such evidence, any recommendations that the Director-General considers appropriate for preventing abortions being sought solely because of a preference for the fetus to be of a particular sex. Abortion Law Reform Act 2019 s 16 (NSW) Section 21 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
22: Reports to be presented to House of Representatives
As soon as practicable after receiving a report under section 17(1) 21(2) Section 22 replaced 24 March 2020 section 8 Abortion Legislation Act 2020
23: General regulation-making power
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: enabling the Director-General of Health to collect information that may be required to enable the Director-General to discharge the Director-General’s duties specified in section 17 18 19 21
b: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23 replaced 24 March 2020 section 8 Abortion Legislation Act 2020 Section 23(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24: Renewal of licences
Section 24 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
25: Cancellation of licences
Section 25 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
26: Appeals on questions of law to High Court
Section 26 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
27: Appeals against decisions of High Court
Section 27 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
28: Supervisory Committee may state case for High Court
Section 28 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
29: Abortions not to be performed unless authorised by 2 certifying consultants
Section 29 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
30: Supervisory Committee to set up and maintain list of certifying consultants
Section 30 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
31: Supervisory Committee to appoint or approve counselling services
Section 31 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
32: Procedure where woman seeks abortion
Section 32 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
33: Determination of case
Section 33 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
33A: Performance of abortion by other practitioner
Section 33A repealed 24 March 2020 section 8 Abortion Legislation Act 2020
34: Special provisions where patient mentally subnormal
Section 34 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
35: Counselling
Section 35 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
36: Certifying consultants to keep records and submit reports
Section 36 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
37: Offences
Section 37 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
38: Crimes Act 1961 not affected
Section 38 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
39: Annual report
Section 39 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
40: Protection of persons acting in good faith
Section 40 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
41: Fees and travelling allowances
Section 41 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
42: Costs of administration
Section 42 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
43: Regulations
Section 43 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
44: Female procuring her own miscarriage
Section 44 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
45: Records of abortions to be forwarded to Supervisory Committee
Section 45 repealed 24 March 2020 section 8 Abortion Legislation Act 2020
46: Conscientious objection
Section 46 repealed 24 March 2020 section 8 Abortion Legislation Act 2020