Abortion Legislation Bill

7 Sections 10 to 46 replaced

Replace sections 10 to 46 with:

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.

11 Provision of abortion services to women more than 20 weeks pregnant

(1)

A qualified health practitioner may provide abortion services to a woman who is more than 20 weeks pregnant only if the health practitioner reasonably believes that the abortion is appropriate in the circumstances.

(2)

In considering whether the abortion is appropriate in the circumstances, the qualified health practitioner must have regard to the woman’s—

(a)

physical health; and

(b)

mental health; and

(c)

well-being.

12 Minister of Health to ensure availability of counselling services for abortion

The Minister of Health must take reasonable and practicable steps to ensure that counselling services are available throughout New Zealand in relation to the provision of abortion services when entering into Crown funding agreements under the New Zealand Public Health and Disability Act 2000.

13 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.

14 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.

15 Certain behaviour prohibited in safe areas

(1)

A person must not engage in any prohibited behaviour in a safe area.

(2)

A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $1,000.

(3)

In this section, prohibited behaviour means any of the following:

(a)

intimidating, interfering with, or obstructing a person with the intention of preventing the person, or being reckless as to whether the person is prevented, from—

(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:

(b)

communicating with, or visually recording, a person who is doing any of the things described in paragraph (a)(i) to (iv) in a manner that—

(i)

is intended to cause the person emotional distress; and

(ii)

would cause emotional distress to an ordinary reasonable person in the position of the person.

16 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.

17 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 15 prescribing as a safe area—

(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 any part of the premises.

(2)

The Minister may recommend the making of regulations under subsection (1) if the Minister is satisfied that prescribing a safe area—

(a)

is necessary to protect the safety and well-being, and respect the privacy and dignity, of 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.

18 Duties of Director-General of Health

The Director-General of Health 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 and publish standards for the services described in paragraph (a); and

(c)

make and maintain a list of abortion service providers.

Miscellaneous provisions

19 Conscientious objection

(1)

This section applies to a person (A) who is requested by another person (B) to provide, or assist with providing, any of the following services:

(a)

contraception services:

(b)

sterilisation services:

(c)

abortion services:

(d)

information or advisory services about continuing or terminating 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 of their conscientious objection at the earliest opportunity and,—

(a)

if the service requested is a service described in subsection (1)(a) or (b), tell B how to access the contact details of another person who is a provider of the service requested; and

(b)

if the service requested is a service described in subsection (1)(c) or (d), tell B how to access the list of abortion service providers referred to in section 18(c).

20 Employer providing certain services must accommodate conscientious objection of applicant or employee unless it would cause unreasonable disruption to activities

(1)

An employer that provides any of the services specified in section 19(1) may not take any of the following actions on the basis that an applicant for employment, or an employee, who is qualified for work in connection with the provision of those services, has a conscientious objection:

(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 an employer considers that accommodating the applicant’s or employee’s objection would unreasonably disrupt the employer’s activities, the employer may take any of the actions described in subsection (1).

(3)

An applicant or employee who alleges that an employer has contravened this section may make a complaint under the Human Rights Act 1993 as if the complaint were a complaint of unlawful discrimination under section 22 of that Act.

(4)

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, the applicant or employee may take either, but not both, of the following steps:

(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.

21 General regulation-making power

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 18:

(b)

providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.