Abortion Regulations 1978

Reprint
as at 1 July 2011

Coat of Arms of New Zealand

Abortion Regulations 1978

(SR 1978/50)

Keith Holyoake, Governor-General

Order in Council

At the Government Buildings at Wellington this 13th day of March 1978

Present:
The Right Hon R D Muldoon presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.


Pursuant to section 43 of the Contraception, Sterilisation, and Abortion Act 1977, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Abortion Regulations 1978.

    (2) These regulations shall come into force on the day after the date of their notification in the Gazette.

2 Interpretation
3 Applications for licences
  • Every application made pursuant to section 20 of the Act for a licence authorising the performance of abortions in an institution shall be in form 1 of the Schedule.

4 Form of licences
  • Every licence issued pursuant to section 22 of the Act authorising the performance of abortions in an institution shall be in form 2 of the Schedule.

5 Certificates authorising abortions
  • Every certificate issued pursuant to section 33 of the Act authorising the performance of an abortion shall be in form 3A or, as the case may require, 3B of the Schedule.

6 Fees
  • (1) The fee payable on making an application under section 20 of the Act for a licence authorising the performance of abortions in any institution is $68.

    (2) The fee payable on making an application under section 24 of the Act for the renewal of such a licence is $20.40.

    Regulation 6: substituted, on 1 July 2011, by regulation 4 of the Abortion (Licence Fees) Amendment Regulations 2011 (SR 2011/154).

7 GST included
  • The fees prescribed by these regulations are inclusive of goods and services tax.

    Regulation 7: added, on 1 July 2011, by regulation 4 of the Abortion (Licence Fees) Amendment Regulations 2011 (SR 2011/154).


Schedule
Prescribed forms

rr 3, 4, 5

Form 1
Application in respect of an institution for licence authorising the performance of abortions

Section 20, Contraception, Sterilisation, and Abortion Act 1977

To the Secretary,

Abortion Supervisory Committee,

Wellington.

I, [full name], of [address], being the [state capacity in which application is made] hereby apply for a full (or limited) licence authorising the performance of abortions in the institution situated at [number, street, and town] and known as [name of institution], being [state whether the institution is a hospital or other kind of institution].

And I hereby state as follows:

  • 1 That there are, in the institution, the following facilities:

    [Describe—

    • (a) facilities for the accommodation of patients, including provision of overnight accommodation; and the number of wards or rooms available for the care of patients having abortions:

    • (b) the number of operating theatres and other surgical facilities:

    • (c) the facilities available for the care of patients suffering complications arising while they are awaiting, undergoing, or recuperating from an abortion:

    • (d) any arrangements made with any other hospital for the transfer of patients suffering any such complications:

    • (e) the number and qualifications of staff employed in or engaged by the institution.]

  • 2 That there is no other institution in the area in which the institution to which this application relates is situated, and there is a need for such an institution in the area for the following reasons:

    [specify]

    or

  • That the following institution(s) is (are) in the area in which the institution to which this application relates is situated:

    [specify]

    but there is a need for another such institution in the area for the following reasons:

    [specify]

  • 3 That the following counselling services will be available to women considering having an abortion in the institution:

    [State—

    • (a) the qualifications and experience of the persons (to be) employed as counsellors:

    • (b) the manner in which the counselling service is to be supervised, and by whom:

    • (c) whether the counsellors are to be employed by the person or persons conducting the institution, and, if not, by whom they are to be employed:

    • (d) the manner in which and the procedures by which confidentiality and privacy are to be ensured during counselling.]

  • 4 I enclose the application fee of $50.

Dated: [place, date]

Applicant:


Notes

  • 1 Section 20(1) of the Act provides that an application for a licence may be made by—

    • (b) in the case of any other institution, the person for the time being in charge of the institution.

  • 2 Paragraph 2 of this form need not be completed if the application is for a full licence.

  • Schedule form 1: amended, on 1 October 2002, by section 58(3) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

  • Schedule form 1: amended, on 15 September 1994, by regulation 2(2) of the Abortion Regulations 1978, Amendment No 2 (SR 1994/164).

Form 2
Licence authorising the performance of abortions in institution

Section 22, Contraception, Sterilisation, and Abortion Act 1977

Pursuant to the Contraception, Sterilisation, and Abortion Act 1977, the institution situated at [number, street, and town] and known as [name of institution] is hereby licensed as an institution in which abortions may be performed.

This licence is a full licence and authorises the holder to permit the performance of abortions in the institution to which it relates regardless of the length of time for which the pregnancy has been continuing.

or

This licence is a limited licence and authorises the holder to permit the performance of abortions in the institution to which it relates only during the first 12 weeks of the pregnancy.

This licence, unless it is sooner cancelled or renewed, will continue in force until [date], and shall then expire.

Issued under the authority of the Abortion Supervisory Committee this [date].

For the committee:


Note

Section 2 of the Act provides that the holder, in relation to a licence, means the person for the time being in charge of the institution for which it was issued (whether or not the person was in charge of the institution when the licence was issued).

  • Schedule form 2: amended, on 1 October 2002, by section 58(3) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

  • Schedule form 2: amended, on 15 September 1994, by regulation 2(3) of the Abortion Regulations 1978, Amendment No 2 (SR 1994/164).

  • Schedule form 2: amended, on 15 September 1994, by regulation 2(4) of the Abortion Regulations 1978, Amendment No 2 (SR 1994/164).

Form 3A
Certificate of certifying consultants authorising an abortion

Section 33(1), (5), Contraception, Sterilisation, and Abortion Act 1977

This certificate is issued in respect of [full name and address of patient].

 

To [name of person holding licence in respect of institution in which abortion is to be performed]

Case record No:

 

We, the undersigned, being certifying consultants on the list of certifying consultants maintained under section 30(1) of the Contraception, Sterilisation, and Abortion Act 1977, hereby authorise the performance of an abortion on the above-named patient.

One (or each) of us is a practising obstetrician or gynaecologist within the meaning of the Act.

In our opinion an abortion is justified on the following ground(s):

[specify]

The patient's pregnancy is estimated to have commenced on or about [date].

Dated: [place, date]

Signed:

(certifying consultants)


I, [full name], not being one of the certifying consultants issuing this certificate, hereby state that I am willing to perform an abortion on the above-named patient.

Signed:

(operating surgeon)


Notes

  • 1 This form is to be used where the 2 certifying consultants agree to authorise the performance of an abortion. Where one does not agree, but another medical practitioner is consulted, in accordance with section 33(3) of the Act, and agrees that an abortion is justified, form 3B must be used.

  • 2 The grounds on which an abortion is justified are set out in section 187A of the Crimes Act 1961 (as inserted by section 6 of the Crimes Amendment Act 1977 and amended by section 2 of the Crimes Amendment Act 1978). The certifying consultants must state on which of those grounds they are authorising the performance of an abortion.

  • 2A The endorsement by the operating surgeon is not required if he is one of the certifying consultants issuing the certificate. In no case is this certificate invalidated by the failure of the operating surgeon to sign the endorsement, nor is any other medical practitioner precluded from performing an abortion on the patient pursuant to the certificate.

  • 3 This form should be forwarded to the person for the time being in charge of the institution in which the abortion is to be performed.

  • Schedule form 3A: amended, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  • Schedule form 3A: amended, on 15 September 1994, by regulation 2(5) of the Abortion Regulations 1978, Amendment No 2 (SR 1994/164).

  • Schedule form 3A: amended, on 28 July 1978, by regulation 2(1) of the Abortion Regulations 1978, Amendment No 1 (SR 1978/209).

  • Schedule form 3A: amended, on 28 July 1978, by regulation 2(2) of the Abortion Regulations 1978, Amendment No 1 (SR 1978/209).

  • Schedule form 3A: amended, on 28 July 1978, by regulation 2(3) of the Abortion Regulations 1978, Amendment No 1 (SR 1978/209).

Form 3B
Certificate of certifying consultant authorising an abortion

Section 33(4), (5), Contraception, Sterilisation, and Abortion Act 1977

This certificate is issued in respect of [full name and address of patient].

 

To [name of person holding licence in respect of institution in which abortion is to be performed]

Case record No: 

 

I, the undersigned, being a certifying consultant on the list of certifying consultants maintained under section 30(1) of the Contraception, Sterilisation, and Abortion Act 1977, hereby authorise the performance of an abortion on the above-named patient.

In my opinion an abortion is justified on the following ground(s):

[specify]

The patient's pregnancy is estimated to have commenced on or about [date].

And I hereby state as follows:

  • 1 That I first considered this case with [full name and address], a certifying consultant on the list of certifying consultants maintained under section 30(1) of the Act.

  • 2 That I considered that the performance of an abortion would be justified in this case, but the said [specify] formed the contrary opinion.

  • 3 In accordance with section 33(3) of the Act, the said [specify] and I referred the case to [full name and address], a medical practitioner on the list of certifying consultants maintained under section 30(1) of the Act.

  • 4 The said [specify] is also of the opinion that an abortion is justified in this case.

  • 5 Accordingly, I issue this certificate pursuant to section 33(4) of the Act.

Dated: [place, date]

Signed:

(certifying consultant)


I, [full name], not being the certifying consultant issuing this certificate, hereby state that I am willing to perform an abortion on the above-named patient.

Signed:

(operating surgeon)


Notes

  • 1 This form is to be used where—

    • (a) only one of the two certifying consultants considers that an abortion is justified; and

    • (b) the case is referred under section 33(3) of the Act to another medical practitioner (who is on the list of certifying consultants); and

    • (c) that medical practitioner agrees that an abortion is justified.

  • 2 The grounds on which an abortion is justified are set out in section 187A of the Crimes Act 1961 (as inserted by section 6 of the Crimes Amendment Act 1977 and amended by section 2 of the Crimes Amendment Act 1978). The certifying consultant must state on which of those grounds he is authorising the performance of an abortion.

  • 2A The endorsement by the operating surgeon is not required if he is the certifying consultant issuing the certificate. In no case is the certificate invalidated by the failure of the operating surgeon to sign the endorsement, nor is any other medical practitioner precluded from performing an abortion on the patient pursuant to the certificate.

  • 3 This form should be forwarded to the person for the time being in charge of the institution in which the abortion is to be performed.

  • Schedule form 3B: amended, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  • Schedule form 3B: amended, on 15 September 1994, by regulation 2(6) of the Abortion Regulations 1978, Amendment No 2 (SR 1994/164).

  • Schedule form 3B: amended, on 28 July 1978, by regulation 2(5) of the Abortion Regulations 1978, Amendment No 1 (SR 1978/209).

  • Schedule form 3B: amended, on 28 July 1978, by regulation 2(6) of the Abortion Regulations 1978, Amendment No 1 (SR 1978/209).

  • Schedule form 3B: amended, on 28 July 1978, by regulation 2(7) of the Abortion Regulations 1978, Amendment No 1 (SR 1978/209).

P G Millen,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 16 March 1978.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Abortion Regulations 1978. The reprint incorporates all the amendments to the regulations as at 1 July 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Abortion (Licence Fees) Amendment Regulations 2011 (SR 2011/154)

    Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(3)

    Health and Disability Services (Safety) Act 2001 (2001 No 93): section 58(3)

    Abortion Regulations 1978, Amendment No 2 (SR 1994/164)

    Abortion Regulations 1978, Amendment No 1 (SR 1978/209)