---
# System prepended metadata

title: Abortion Reform Bill

---

Abortion Reform Bill
===

### 1. Title
This Act is the Abortion Reform Act 2019.

### 2. Commencement 
This Act comes into force the day after it receives the Royal Assent.

### 4. Purpose
The purpose of this Act is to reduce barriers to accessing abortion services, expand protections for patients, and take abortion out of the Crimes Act to treat it entirely as a health issue.

## Part 1: Amendments to Contraception, Sterilisation, and Abortion Act 1977
### 4. Principal Act
This Part amends the Contraception, Sterilisation, and Abortion Act 1977 (the **principal Act**).

### 5. Long Title repealed
The Long Title is repealed.

### 6. Section 2 replaced (Interpretation)
Section 2 is replaced with the following:
> ### 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 services** means services provided by a qualified health practitioner to facilitate an abortion
> * **conscientious objection** means an objection on the ground of conscience to the provision of contraception, sterilisation, or abortion services
> * **contraceptive** means a substance, device, or technique intended to prevent conception or implantation
> * **employer** includes any person acting or purporting to act on behalf of an employer
> * **health practitioner** has the meaning given to it by section 5(1) of the Health Practitioners Competence Assurance Act 2003
> * **hospital** means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001
> * **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
> * **qualified health practitioner**, in relation to the provision of abortion services, means a health practitioner who is acting in accordance with the Health Practitioners Competence Assurance Act 2003
> * **pregnant person** means a person of any age who is capable of becoming pregnant.

### 7. Sections 10 to 46 replaced
Sections 10 to 46 are replaced with the following:
> ### 10. Provision of abortion services
> * (1) A qualified health practitioner may provide abortion services to any pregnant person.
> * (2) A provider of abortion services must comply with any applicable standard created under section 12(b).
> 
> ### 11. 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.
> 
> ### 12. 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 public list of abortion service providers; and
> * (d) make and maintain a public list of health practitioners who have a conscientious objection under section 13.
> 
> ### 13. 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 12(c\).
>   
> ### 14. 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 13(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.
>
> ### 15. 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.

### 8. Abortion Supervisory Committee disestablished
* (1) On the commencement date, the Abortion Supervisory Committee is disestablished and the term of office of every member of the committee ends.
* (2) On the commencement date, all advisory, technical, and other committees appointed by the Abortion Supervisory Committee are dissolved and the term of office of every member of a committee ends.
* (3) No member of the committee or any appointed committee is entitled to any compensation in respect of the termination of the member’s office.
* (4) On the commencement date, all assets and liabilities of the Abortion Supervisory Committee in existence immediately before the commencement date are vested in the Crown as assets and liabilities of the Ministry.
* (5)  All information held by the committee immediately before the commencement date is transferred to the Ministry.

## Part 2: Amendments to Crimes Act 1961
### 9. Principal Act
This Part amends the Crimes Act 1961 (the **principal Act**)

### 10. Cross-heading above section 182 replaced
Replace the cross-heading above section 182 with "Killing unborn child".

### 11. Section 182 amended (Killing unborn child)
* (1) In section 182(1),—
> * (a) replace "who causes the death" with "who assaults a pregnant person and causes the death"; and
> * (b) replace "guilty of murder" with "guilty of murder or manslaughter".
* (2) Replace section 182(2) with:
> * (2) Nothing in subsection (1) applies to any person who before or during the birth of any child causes its death by—
>   * (a) a means employed in good faith to preserve the life of the child’s gestational parent; or
>   * (b) providing abortion services as defined in section 2 of the Contraception, Sterilisation, and Abortion Act 1977.

### 12. Sections 182A to 187A repealed
Repeal sections 182A to 187A.

## Part 3: Amendments to other enactments
### *Subpart 1: Amendments to Health Practitioners Competence Assurance Act 2003*
### 13. Amendments to Health Practitioners Competence Assurance Act 2003
This subpart amends the Health Practitioners Competence Assurance Act 2003.

### 14. Section 174 amended (Duty of health practitioners in respect of reproductive health services)
* (1) In section 174(1)(a), after "sterilisation,", insert "abortion,".
* (2) Replace section 174(1)(b) with:
> * (b) the health practitioner has an objection on the ground of conscience to providing the service (a **conscientious objection**).
* (3) Replace section 174(2) with:
> * (2) When this section applies, the health practitioner must tell the person requesting the service of their conscientious objection at the earliest opportunity and,—
>   * (a) if the person is requesting abortion services, tell the person how to access the list of abortion service providers referred to in section 12(c) of the Contraception, Sterilisation, and Abortion Act 1977; or
>   * (b) if the person is requesting any other service, tell the person how to access the contact details of another person who is a provider of the service requested.

### *Subpart 2: Amendments to Health and Disability Commissioner Act 1994*
### 15. Amendments to Health and Disability Commissioner Act 1994
This subpart amends the Health and Disability Commissioner Act 1994.

### 16. Section 2 amended (Interpretation)
In section 2(1), definition of **health services**, replace paragraph (b)(ii) to (iv) with:
> * (ii) reproductive health services, including—
>   * (A) contraception services and advice:
>   * (B) fertility services:
>   * (C\) sterilisation services:
>   * (D) abortion services

### *Subpart 3: Amendments to Safe Access to Reproductive Services Act 2018*
### 17. Amendments to Safe Access to Reproductive Services Act 2018
This subpart amends the Safe Access to Reproductive Services Act 2018.

### 18. Section 2 amended (Interpretation)
In section 2(1), replace the following definitions:
> * **abortion services** has the meaning as in section 2(1) of the Contraception, Sterilisation, and Abortion Act 1977
> * **reproductive health services** means services relating to advice, medication, and treatment in respect of reproductive health, including the prevention of pregnancy and abortion services