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 service provider means an entity that provides abortion services

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

5 Supply of contraceptives to sexual violation complainants

(1) Where any person makes a complaint of sexual violation to any constable and that constable, or any other constable, calls a medical practitioner to examine the complainant, it shall be the duty of that medical practitioner (unless the complainant expresses a contrary wish or unless the medical practitioner is satisfied that the sexual violation did not involve the penetration of the complainant’s genitalia by a penis)—

(a) to advise the complainant of a contraceptive precaution she may take in order to avoid the risk of pregnancy, and to supply to her or authorise the supply to her of any contraceptive for that purpose; or

 (b) to advise her of her right to obtain such service from an alternative person who is a provider of contraceptive services and how to access the contact details of such a person.

(2) Without limiting subsection (1), where any patient complains of sexual violation to any medical practitioner (whether or not she also lays a complaint of sexual violation with the Police), it shall be the duty of that medical practitioner to comply with the terms of that subsection.

(3) Without limiting anything in Part 4 of the Health Practitioners Competence Act 2003, every medical practitioner who fails to comply with subsection (1) or subsection (2) is guilty of professional misconduct, and must be dealt with under that Act accordingly.

(3A) If a medical practitioner referred to in subsection (1) or (2) has a conscientious objection to supplying or authorising the supply to the complainant of any contraceptive, the medical practitioner must tell the complainant—

(a) of their conscientious objection at the earliest opportunity; and

(b) how to access the contact details of another person who is a provider of contraceptive services.

14 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 whether to continue or terminate 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 at the earliest opportunity—

(a) of their conscientious objection; and

(b) how to access the contact details of another person who is the closest provider of the service requested.

(3) In subsection (2)(b), the closest provider is to be determined taking into account—

(a) the physical distance between the providers; and

(b) the date and time that B makes the request under subsection (1); and

(c) the operating hours of the provider of the service requested.

(4) This section does not override a health practitioner’s professional and legal duty to provide prompt and appropriate medical assistance to any person in a medical emergency.

15 Employer providing certain services must accommodate conscientious objection of applicant or employee unless it would cause unreasonable disruption

(1) An employer that provides any of the services specified in section 14(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 accommodating an applicant’s or employee’s conscientious objection would unreasonably disrupt the employer’s provision of health services, the employer may take any of the actions described in subsection (1).

(3) Accommodating an applicant’s or employee’s conscientious objection may include arranging for the duties in respect of which the applicant or employee has an objection to be carried out by an existing employee.

(4) 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.

(5) 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.

(6) In this section, employer has the meaning given in section 2 and also includes—

(a) the person for whom work is done by an independent contractor; and

(b) the person for whom work is done by contract workers under a contract between that person and the person who supplies the contract workers; and

(c) the person for whom work is done by an unpaid worker.

16 Minister of Health to ensure availability of certain services

(1) The Minister of Health must, when entering into Crown funding agreements under the New Zealand Public Health and Disability Act 2000, take reasonable steps to ensure that—

(a) the following services are available throughout New Zealand:

(i) the services specified in section 14(1); and

(ii) counselling services in relation to, or in connection with, the provision of abortion services; and

(b) the following services are provided in accordance with the standards published by the Director-General under section 19(1)(b):

(i) abortion services:

(ii) counselling services in relation to, or in connection with, the provision of abortion services.

(2) To meet the obligation under subsection (1)(a)(i), the Minister of Health must ensure that access to emergency contraception is available throughout New Zealand within 48 hours of it being requested by any person.

(3) In this section, emergency contraception means a contraceptive precaution to avoid the risk of pregnancy to be taken after a sexual connection has occurred.

18 Duty of Director-General to compile, maintain, and make available list of abortion service providers

 (1) The Director-General must compile and maintain a list of the names and contact details of abortion service providers in New Zealand.

(2) The Director-General may not include in the list the name and contact details of any abortion service provider who advises the Director-General that they do not want their name and contact details included in the list.

(3) The Director-General must ensure that the list, or the information on the list, is accessible to any person on request.