Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022

• Jurisdiction: New Zealand
• Act Number: 8
• Record Number: LMS378592
• Type of Document: Act

Contenidos

• Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022
• Contents
• 1 Title
• 2 Commencement
• 3 Principal Act
• 4 Section 2 amended (Interpretation)
• 5 New sections 13A to 13C inserted
• 13A Certain behaviour prohibited in safe areas
• 13B Power of constable to arrest without warrant
• 13C Regulations: safe areas

Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022

Contents

1 Title

This Act is the Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Contraception, Sterilisation, and Abortion Act 1977.

4 Section 2 amended (Interpretation)

In section 2, definition of safe area, replace section 17(1) with section 13C(1).

In section 2, insert in its appropriate alphabetical order:

premises, in relation to the provision of abortion services, means—

1. the building in which the abortion services are provided; and

2. the land on which that building is sited

5 New sections 13A to 13C inserted

After section 13, insert:

13A Certain behaviour prohibited in safe areas

A person must not—

1. obstruct a person in a safe area who is approaching, entering, or leaving any building in which abortion services are provided; or

2. make a visual recording of another person in a safe area in a manner that is likely to cause emotional distress to a person accessing, providing, or assisting with providing, abortion services; or

do any of the following in a safe area in a manner that could be easily seen or heard by another person (A) who may be accessing, providing, or assisting with providing, abortion services:

1. advise or persuade A to refrain from accessing or providing abortion services (unless the advice or persuasion is by a person who is, with the consent of A, accompanying A):

2. inform A about matters related to the provision of abortion services, other than during the course of providing those services, or assisting with provision of those services (unless the information is provided by a person who is, with the consent of A, accompanying A):

3. engage in protest about matters relating to the provision of abortion services.

13B Power of constable to arrest without warrant

If a constable reasonably believes that a person is engaging in prohibited behaviour in a safe area, the constable may—

1. require the person to stop engaging in the prohibited behaviour; and

2. if the person fails to stop engaging in the prohibited behaviour, arrest the person and take the person into custody without a warrant.

13C Regulations: safe areas

The Governor-General may, by Order in Council made on the recommendation of the Minister of Health after consultation with the Minister of Justice, make regulations for the purposes of section 13A prescribing as a safe area—

1. any specified premises at which abortion services are provided; and

2. an area around those premises that is an area having a boundary of not more than 150 metres from the perimeter of the premises.

The Minister of Health may recommend the making of regulations under subsection (1) if the Minister is satisfied that prescribing a safe area—

is desirable to address any risk to the safety and well-being of persons doing any of the following, and to respect the privacy and dignity of those persons:

1. accessing abortion services:

2. providing, or assisting with providing, abortion services:

3. seeking advice or information about abortion services:

4. providing, or...