Contraception, Sterilisation, and Abortion Act 1977

  • This version was reprinted on 26 February 2016 to make corrections to section 2 under section 25(1)(j)(ii) of the Legislation Act 2012.
2 Interpretation

In this Act, unless the context otherwise requires,—

abortion means a medical or surgical procedure carried out or to be carried out for the purpose of procuring—

(a)

the destruction or death of an embryo or fetus after implantation; or

(b)

the premature expulsion or removal of an embryo or fetus after implantation, otherwise than for the purpose of inducing the birth of a fetus believed to be viable or removing a fetus that has died

abortion law means every provision of—

(a)

sections 10 to 46 of this Act; and

(b)

sections 182 to 187A of the Crimes Act 1961

approved counselling service means any person or agency appointed or approved by the Supervisory Committee under section 31

contraceptive means a substance or device or technique intended to prevent conception or implantation

holder, in relation to a licence issued under this Act, means,—

(a)

in the case of a hospital, the person who is for the time being in charge of the hospital, whether or not that person was in charge of it when the licence was issued:

(b)

in the case of any other institution, the person who is for the time being in charge of the institution, whether or not that person was in charge of it when the licence was issued

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

institution means any hospital, clinic, or other premises in which it is proposed to perform abortions

licence means a licence issued under this Act

licensed institution means an institution in respect of which a licence is for the time being in force under this Act

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

practising obstetrician or gynaecologist means a medical practitioner—

(a)

whose scope of practice includes obstetrics or gynaecology; or

(b)

who, in the opinion of the Supervisory Committee, is experienced in one or both of those branches of medicine

scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

Secretary, in relation to the Supervisory Committee, means the officer of the Ministry of Justice for the time being acting as Secretary of the Committee

Supervisory Committee means the Abortion Supervisory Committee constituted under section 10.

Section 2 area health board: repealed, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).

Section 2 family planning clinic: repealed, on 7 September 1990, by section 2(2) of the Contraception, Sterilisation, and Abortion Amendment Act 1990 (1990 No 128).

Section 2 holder: substituted, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).

Section 2 holder paragraph (a): amended, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 2 hospital: inserted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 2 hospital board: repealed, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).

Section 2 medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2 operating surgeon: repealed, on 10 July 1978, by section 2(2) of the Contraception, Sterilisation, and Abortion Amendment Act 1978 (1978 No 5).

Section 2 practising obstetrician or gynaecologist: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2 private hospital: repealed, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23).

Section 2 scope of practice: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2 Secretary: amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 2 woman’s own doctor: repealed, on 10 July 1978, by section 2(2) of the Contraception, Sterilisation, and Abortion Amendment Act 1978 (1978 No 5).