| Contraception, Sterilisation, and Abortion Act 1977 | |
|---|---|
 | |
| New Zealand Parliament | |
| |
| Royal assent | 16 December 1977[1] |
| Legislative history | |
| Passed | 1977[1] |
| Amended by | |
| Status: Current legislation | |
Contraception, Sterilisation, and Abortion Act 1977, also known as theCS&A Act 1977, is an Act of Parliament in New Zealand. It was passed shortly following an inquiry by theRoyal Commission on Contraception, Sterilisation and Abortion. The legislation established the legal framework for abortion in New Zealand; with abortions being allowed provided the procedure was approved by two certifying consultants and that the circumstances met the criteria of theCrimes Act 1961.[2] In March 2020, several of its provisions were amended by theAbortion Legislation Act 2020, which eased access to abortion and eliminated most of the criteria established by the Crimes Act 1961.[3]
The Contraception, Sterilisation and Abortion Act 1977 regulated the supply of contraceptives to young people, the conditions that sterilisations could be undertaken, and the circumstances under which abortions could be authorised. The legislation decriminalised abortions for pregnancies of less than 20 weeks on the condition that it was authorised by two certifying consultants and that it met the following criteria under Sections 182–187A of theCrimes Act 1961 and two amendments passed in December 1977 and July 1978:
Other factors which may be taken into account were:
After 20 weeks gestation, the grounds for abortion were:
The CS&A Act also established an Abortion Supervisory Committee for regulating and licensing certifying consultants. It also made it illegal for health employers to deny employment to medical practitioners on the basis of theirconscientious objection to abortion.[1]
TheAbortion Legislation Act 2020 replaces Sections 10 to 46 of the CS&A Act 1977 with Sections 10–14 and Sections 19–21. While Sections 15 to 17 created safe areas around abortion service providers, these clauses were eliminated from the final version of the law. The amended bill also abolishes the Abortion Supervisory Committee and delegates its former responsibilities to theMinister of Health and theDirector-General of Health. The amended clauses are:
TheContraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022 inserts Sections 13A to 13C which:
In response to growing calls for the decriminalisation of abortion in New Zealand during the 1960s and 1970s, theNew Zealand Parliament established aRoyal Commission on Contraception, Sterilisation and Abortion in 1975 to consider abortion and these other issues. Based on the Royal Commission's recommendations, Parliament passed the Contraception, Sterilisation, and Abortion Act 1977, on a 40–26 vote.
| Party | Voted for | Voted against | Absent | |
|---|---|---|---|---|
| National (55) | 28
| |||
| Labour (32) | ||||
| Totals | 40 | 26 | 20 | |
The Act established the regulatory framework for abortion. Women seeking abortion had to see their doctor and two medical consultants, who would assess the mental and physical grounds for carrying out an abortion under the criteria of the Crimes Act 1961. A surgeon would be needed to perform an abortion and counselling was also made available to women seeking an abortion. The CS&A Act also established an Abortion Supervisory Committee to regulate the consultation process and requireddistrict health boards to fund abortion services.[10]
Feminists andabortion-rights groups considered the CS&A Act's legal framework too strict, leading theThird National Government to amend the Crime Act. Subsequent amendments to the Crimes Act 1961 in 1977 and 1978 permitted abortion within 20 weeks on mental and physical health grounds; abortion after 20 weeks for the purpose of saving the mother's life, physical, and mental health; foetal abnormality within the first 20 weeks; and incest. In 1986, theFourth Labour Government amended the Crimes Act to account for the extremes of age and sexual violation as mitigating grounds for abortion.[11][5]
Over the next three decades, politicians and abortion-rights groups lobbied for amending the CS&A Act to ease the criteria for abortions. In late March 2020, theSixth Labour Government passed theAbortion Legislation Act 2020, which replaced Sections 10 to 46 of the CS&A Act with new clauses allowing women to seek abortion in the first 20 weeks of pregnancy; and only requiring consultations with two health practitioners after 20 weeks.[12]
In March 2021, theContraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022 was introduced into Parliament. It proposed the creation of safe areas around abortion providers where certain "prohibited behaviour" would be banned. The Bill passed its first reading on 10 March (by a margin of 100 to 15) and proceeded to select committee stage.[13][14] The Bill passed its third reading on 16 March 2022, becoming law on 18 March 2022.[8][13]
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