On 24 March 2020, changes were made to the Contraception, Sterilisation, and Abortion Act 1977 and the Crimes Act 1961 – the primary legislation for abortion. These changes were made to:
- decriminalise abortion
- better align the regulation of abortion services with other health services
- modernise the legal framework for abortion services in New Zealand
- reduce barriers to accessing abortion services.
Read the Abortion Legislation Act 2020 on the New Zealand Legislation website.
Key changes in the legislation
People can self-refer to an abortion service provider
A person seeking an abortion no longer needs a referral from a doctor to access abortion services.
A wider range of registered health practitioners can provide abortions
Doctors, midwives, nurse practitioners and registered nurses can provide abortions (subject to scopes of practice and training). If you are a health practitioner interested in providing abortion care, see the information about training and support on Health New Zealand – Te Whatu Ora’s Providing abortion services webpage.
No longer a requirement for abortions to be performed in licensed premises
This means that abortion services can be provided closer to home, including in primary care and via the National Abortion Telehealth Service (DECIDE).
For an abortion before 20 weeks: no clinical or statutory requirements
A qualified health practitioner can provide abortion services to an individual who is not more than 20 weeks pregnant without needing clinical or any other evidence of appropriateness.
For an abortion post 20 weeks: statutory clinical requirements
A qualified health practitioner may provide abortion services to an individual who is more than 20 weeks pregnant if they reasonably believe that the abortion is clinically appropriate in the circumstances. In considering whether the abortion is clinically appropriate in the circumstances, the qualified health practitioner must:
- consult at least one other qualified health practitioner
- have regard to:
- all relevant legal, professional and ethical standards to which the qualified health practitioner is subject
- the person’s physical health, mental health and overall wellbeing
- the gestational age of the fetus.
Counselling must be offered, but is not mandatory
If an individual is considering an abortion, health practitioners must advise them of the availability of counselling services.
Obligations for practitioners with a conscientious objection
If a health practitioner has a conscientious objection, they can decline to provide or assist with providing contraception, sterilisation, or abortion services, or to provide information or other advisory services relating to abortion. However, they must:
- tell the person of their objection
- tell the person how to access the contact details of the closest provider of the service requested.
A conscientious objection 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 (including a surgical emergency).
Practices should find the best ways to communicate objections for the benefit of both patients and health practitioners (eg, by providing this information on their website and in waiting rooms).
Employers providing abortion services are obligated to accommodate an employee’s conscientious objection unless doing so would unreasonably disrupt their provision of health services. Accommodating the employee’s objection may include arranging for those duties to be carried out by an existing employee.
List of abortion service providers and a list of pharmacists willing to dispense early medical abortion (EMA) medication
The Director-General of Health must compile and maintain a list of the names and contact details of abortion service providers in New Zealand. An abortion service provider may be a single practitioner or service covering many staff. The list, or the information on the list, will be accessible to any person on request. The list will not contain the name and contact details of any abortion service provider who advises the Ministry of Health that they do not want their name and contact details included in the list.
If you would like to include or withhold your details from this list, send us an email at: [email protected]
Information about how to become an abortion provider can be found on Health New Zealand's website.
Requirements for pharmacists who choose to supply EMA medicines
If a pharmacy chooses to supply medicines for EMA, the pharmacy is required to meet the legal (but not clinical) definition of an abortion provider and appear on a list held by the Ministry. This list is maintained by HealthPoint. Pharmacies who would like to be added to the list can contact HealthPoint via email: [email protected].
