Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill

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Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill
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New Zealand Parliament
Long title
  • This Member's bill provides a regulation-making power to set up safe areas around specific abortion facilities on a case-by-case basis.[1]
Legislative history
Introduced byLouisa Wall[1]
First reading10 March 2021[1]
Related legislation

The Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill is a proposed Act of Parliament in New Zealand that seeks to provide a regulation-making power to set up safe areas around specific abortion facilities on a case-by-case basis.[1]

Legislative features[]

The Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill is a private member's bill introduced by Labour Party MP Louisa Wall to establish safe zones around abortion clinics and hospitals to protect the safety and privacy of women seeking abortion services in New Zealand. The Bill seeks to provide a regulation-making power to set up safe areas around specific abortion facilities, on a case-by-case basis; and to define behaviours that are prohibited within these safe areas.[2] It amends the Contraception, Sterilisation, and Abortion Act 1977 by inserting section 13A to 13C:

Section 13A prohibits certain behaviours in safe areas including intimidating, interfering or obstructing a "protected person" and "communicating with, or visually recording, a person in a manner that an ordinary reasonable person would know would cause emotional distress to a protected person." Anyone who engages in prohibited behaviour is liable for a fine not exceeding $1,000. Section 13A defines "protected persons" as those seeking information or accessing abortion services and abortion providers.[3]

Section 13B gives police constables the explicit power to arrest those engaging in prohibited behaviours without a warrant.[3]

Section 13C defines "safe areas" as any specified premises at which abortion services are provided; and areas within the vicinity of 150 metres (490 ft) from any part of those premises.[3]

Legislative history[]

Background[]

During a parliamentary committee considering the Abortion Legislation Act 2020 on 10 March 2020, ACT Party leader David Seymour had successfully moved an amendment deleting the definition of "safe zones" from the legislation while voting for the proposal to remove the regulatory power to create safe areas. Seymour's amendment was controversial since it had been adopted during a "voting mix-up."[4][5][2] The Abortion Legislation Act subsequently passed into law with Seymour's amendment on 18 March,[6][7] and received royal assent that same month.[2]

In response to the scrapping of the safe area provisions, Labour MP Louisa Wall entered the Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill, proposing their restoration, into the member's bill ballot. The bill was drawn from the ballot on 28 July 2020.[1] Wall's bill was drafted in line with the recommendations that were made by the Abortion Legislation Committee when it considered the safe area provisions in the Abortion Legislation Act.[2]

In February 2021, the Attorney-General David Parker released his report on the Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill under the New Zealand Bill of Rights Act 1990. While the Attorney-General agreed with the previous vetting advice provided by the Abortion Legislation Committee on safe areas, he expressed concerns that Clause Five providing for safe areas around abortion providers and designating "prohibited behaviour" was inconsistent with the Bill of Rights Act since it criminalised "communicating in a manner that is objectively emotionally distressing." He proposed replacing the offending text with an extended definition of "intimidation" to include communicative acts carried out by anti-abortion activists such as sign-waving, "sidewalk counselling" and video recording.[2]

First reading[]

The CSA (Safe Areas) Amendment Bill passed its first reading on 10 March 2021 by a margin of 100 to 15 votes. The Bill was supported by its initiator Louisa Wall, the opposition National Party's spokesperson for women Nicola Grigg, Attorney-General David Parker, Green MP Jan Logie, National MP Barbara Kuriger, and Labour MP Sarah Pallett, who delivered speeches defending women's access to abortion and criticising the conduct of some anti-abortion activists. ACT Party leader David Seymour voted in favour of the bill, stating his party's support for a ban on the intimidation and obstruction of abortion patients but criticised the communication ban as an erosion of free speech. National MP Michael Woodhouse expressed concerns about free speech but supported the passage on the bill on the grounds that the public's voice needed to be heard at the select committee stage.[8][9]

By contrast, Labour MP Anahila Kanongata'a-Suisuiki and National MP Chris Penk voted against the bill, describing it as an erosion of free speech and expressing concerns about the broad interpretation of "communication." National MP Christopher Luxon also voted against the bill but did not speak during the first reading.[8][9]

Voting at first reading (10 March 2021)[8]
Party Voted for Voted against Abstained Absent
Labour (65)
61
3
 –
1
National (33)
19
12
2
 –
Green (10)
10
 – – –
ACT (10)
10
 – – –
Māori Party (2) – – –
2
Totals 100 15 2 3

Select committee stage[]

Following the first reading, the Bill was referred to Parliament's health select committee. Public submissions were open until 28 April 2021.[1]

Public responses[]

In late February 2021, the anti-abortion advocacy group Right to Life New Zealand's spokesperson Ken Orr criticised the CSA (Safe Areas) Amendment Bill, claiming that it violated the rights to free speech, assembly and association.[10] By contrast, the abortion rights advocacy group Abortion Law Reform Association of New Zealand welcomed the proposed creation of safe areas, stating that "Freedom of expression does not include the right to target a captive audience and force them to listen to your message."[11]

Notes and references[]

  1. ^ a b c d e f "Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill". New Zealand Parliament. Retrieved 30 March 2021.
  2. ^ a b c d e "Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill 2020: Bills Digest 2637". New Zealand Parliament. 9 March 2021. Archived from the original on 30 March 2021. Retrieved 30 March 2021.
  3. ^ a b c "Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill". Legislation New Zealand. Parliamentary Counsel Office. Retrieved 30 March 2021.
  4. ^ Wade, Amelia (11 March 2020). "Voting mix-up sees abortion safe-zones axed and MPs 'gutted'". The New Zealand Herald. Retrieved 11 March 2020.
  5. ^ McCullough, Yvette (11 March 2020). "MPs vote to remove abortion clinic safe zones from Bill". Radio New Zealand. Retrieved 11 March 2020.
  6. ^ "Abortion Legislation Bill passes third and final reading in Parliament". Radio New Zealand. 18 March 2020. Archived from the original on 30 March 2020. Retrieved 18 March 2020.
  7. ^ Wade, Amelia (18 March 2020). "Abortion law reform passes third reading". The New Zealand Herald. Archived from the original on 10 April 2020. Retrieved 18 March 2020.
  8. ^ a b c "Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill — First Reading". New Zealand Parliament. 10 March 2021. Archived from the original on 17 March 2021. Retrieved 30 March 2021.
  9. ^ a b Small, Zane (12 March 2021). "How MPs voted on law change that would allow safe zones around abortion clinics". Newshub. Archived from the original on 16 March 2021. Retrieved 30 March 2021.
  10. ^ Orr, Ken (27 February 2021). "Abortion Safe Zone Bill violates right to free speech, assembly and association". Right to Life New Zealand. Archived from the original on 30 March 2021. Retrieved 30 March 2021.
  11. ^ Abortion Law Reform Association of New Zealand (24 February 2021). "ALRANZ: New Zealand needs safe areas". New Zealand Doctor. Retrieved 31 March 2021.
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