Crimes Act 1961

Female genital mutilation

Heading: inserted, on 1 January 1996, by section 3 of the Crimes Amendment Act 1995 (1995 No 49).

204A Female genital mutilation

(1)

For the purposes of this section,—

female genital mutilation—

(a)

means the excision, infibulation, or mutilation of the whole or part of the female genitalia of any person; and

(b)

includes—

(i)

the partial or total removal of the clitoris, labia majora, labia minora, or prepuce, or any combination of these:

(ii)

the narrowing of the vaginal opening by cutting or repositioning the labia majora or the labia minora, or both:

(iii)

other harmful procedures carried out on any part of the female genitalia, such as pricking, piercing, incising, scraping, or cauterising; but

(c)

does not include a procedure carried out for cosmetic or enhancement purposes only

midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing 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 nursing

sexual reassignment procedure means any surgical procedure that is performed for the purposes of altering (whether wholly or partly) the genital appearance of a person to the genital appearance of a person of the opposite sex

trainee health professional means any person who is receiving training or gaining experience under the supervision of—

(a)

a medical practitioner for the purpose of gaining registration as a medical practitioner; or

(b)

a midwife for the purpose of gaining registration as a midwife.

(2)

Subject to subsection (3), every one is liable to imprisonment for a term not exceeding 7 years who performs, or causes to be performed, on any other person, any act involving female genital mutilation.

(3)

Nothing in subsection (2) applies in respect of—

(a)

any medical or surgical procedure (including a sexual reassignment procedure) that is performed on any person—

(i)

for the benefit of that person’s physical or mental health; and

(ii)

by a medical practitioner or nurse:

(b)

any medical or surgical procedure that is performed on any person—

(i)

while that person is in labour or immediately after that person gives birth; and

(ii)

for the benefit of that person’s health or the health of the child; and

(iii)

by a medical practitioner, midwife, nurse, or trainee health professional, or, if the case is urgent and none of them are available, by any other person.

(4)

In determining, for the purposes of subsection (3), whether or not any medical or surgical procedure is performed on any person for the benefit of that person’s physical or mental health, no account shall be taken of the effect on that person of any belief on the part of that person or any other person that the procedure is necessary or desirable as, or as part of, a cultural, religious, or other custom or practice.

(5)

Nothing in subsection (3) limits or affects any enactment or rule of law relating to consent to any medical or surgical procedure or treatment.

(6)

It is no defence to a charge under this section that the person on whom the act involving female genital mutilation was performed consented to that act, or that the person charged believed that such consent had been given.

(7)

No person shall be charged as a party to an offence committed upon her against this section.

Section 204A: inserted, on 1 January 1996, by section 3 of the Crimes Amendment Act 1995 (1995 No 49).

Section 204A(1) female genital mutilation: replaced, on 7 August 2020, by section 4(1) of the Crimes (Definition of Female Genital Mutilation) Amendment Act 2020 (2020 No 53).

Section 204A(1) midwife: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 204A(1) nurse: inserted, on 7 August 2020, by section 4(2) of the Crimes (Definition of Female Genital Mutilation) Amendment Act 2020 (2020 No 53).

Section 204A(1) registered midwife: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 204A(1) trainee health professional paragraph (b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 204A(3)(a)(ii): amended, on 7 August 2020, by section 4(3) of the Crimes (Definition of Female Genital Mutilation) Amendment Act 2020 (2020 No 53).

Section 204A(3)(b)(iii): replaced, on 7 August 2020, by section 4(4) of the Crimes (Definition of Female Genital Mutilation) Amendment Act 2020 (2020 No 53).