People Against Prisons Aotearoa

Abolitionist Demand 16: Remove abortion from the Crimes Act.

This is a part of No Pride in Prisons’ Abolitionist demands. These demands were originally published as a book. To see a pdf of the book, click here. To buy a copy, please email info@noprideinprisons.org.nz

Abortion is criminalised in New Zealand and is punishable by up to 14 years in prison,^[1] unless two doctors certify that the pregnant person^[2] meets the conditions for exemption under the Crimes Act 1961.^[3] These exemptions are: serious danger to the life, physical health, or mental health of the pregnant person; any form of incest or sexual relations with a guardian; mental sub-normality; foetal abnormality; or, after 20 weeks gestation, only to save the life of or to prevent serious permanent injury to the physical or mental health of the pregnant person.^[4]

Doctors may conscientiously object to referring someone for abortion, although they are required to inform the person that they can try another doctor under the Health Practitioners Competence Assurance Act 2003.^[5] Further, the Contraception, Sterilisation, and Abortion Act 1977 restricts where and how abortions may be performed.^[6] These conditions make access to abortion services incredibly prohibitive, especially for people in poverty and people living in rural areas far from the nearest clinic. Abortion is a personal health matter, not a criminal matter, and should be decriminalised immediately.

^[1]Crimes Act 1961 s 182.

^[2] It is important to note that not only women can become pregnant. The wording of “pregnant person” recognises this fact.

^[3]Crimes Act 1961 s 187A.

^[4]Crimes Act 1961 s 187A.

^[5]Health Practitioners Competence Assurance Act 2003 s 174.

^[6] Contraception, Sterilisation, and Abortion Act 1977.