The abortion law of New Zealand appears to have been interpreted very liberally over recent years by sectors of the medical profession. Indeed the interpretation of the law appears to have been so liberal that it raises questions as to the lawfulness of many of the abortions carried out in New Zealand. The current practice and application of the abortion law is such that it may expose some medical consultants certifying and performing abortions to criminal proceedings and civil claims.
Liability of Health Professionals for a
Breach of the Abortion Law of New ZealandIan Bassett LLB(Hons) (Auck), LLM (Camb), AAMINZ
An edited verion of this article was published in (2001) 9 Journal of Law & Medicine 115
Since the above Journal of Law and Medicine article was published in 2001 there have been various legal developments, though the general liability issues remain.
On 9 June 2008 Miller J of the High Court of New Zealand at Wellington delivered a judgment in Right to Life New Zealand Inc v The Abortion Supervisory Committee CIV 2005-485-999 (click here for the judgment) which clarifies the law as to the functions and powers of the Abortion Supervisory Committee (refer in particular to paragraph [5](d) of the judgment).
