NZ LAWS re ABORTION a brief history + influences from without and within:

1803 Before the 19^th century in England, common law held that an abortion was permissible if carried out before quickening (foetal movements, about 18-20 weeks gestation).  In 1803, in the reign of George III, Lord Ellenborough’s Act was passed, a repressive ‘law and order’ measure which meted out harsh penalties for a whole range of offences including abortion.  Penalties included death or being transported to the colonies.  Abortion was a felony both before and after quickening although the punishment before quickening was less severe.

1861 The English 1861 Offences Against the Person Act revised penalties and made it an offence not only for the woman to procure her own abortion but for anyone else who attempted to procure an abortion, whether or not the woman was actually pregnant.

1866 NZ adopted the English 1861 law, an exact replica.

1893 NZ passed the Criminal Code Act, which reduced the penalty for the woman to a maximum of 7 years imprisonment and life for others.

1908 The Crimes Act defined when a child becomes a human being within the meaning of the statute.  Section 182 relates to the ‘killing’ of a child before or during birth.  This section is to protect the obstetrician who may have to sacrifice the child to save the mother.

1920, Nov.  Russia legalized abortion to be preformed by a doctor in a hospital.  This became the model for other nations.  Prior to the Russian Revolution abortion was illegal.

1929 London meeting of World League of Sexual Reform voted for revision of laws regarding abortion.  This marked a milestone in the international law reform movement.

1939 Dr Aleck Bourne, a prominent London gynaecologist brought a test case, after the rape of a 14 year old girl.  Mr Justice Macnagten helped define ‘unlawfully’.  The defence was that the abortion had been carried out because continuing the pregnancy would make her a ‘physical or mental wreck’.  The rape occurred in April 1938, the abortion in June and the trial July.  The judge’s ruling was published in 1939 and influenced the interpretation of the law in NZ.

After WW2 many non-Western nations legalized abortion.

1961 The Crimes Act was revised in 1961 with no changes to the section on abortion.  During the 1960s public opinion on several issues became less repressive.  A more liberal law was passed in the United Kingdom in 1967 which allowed socio-economic circumstances to be taken into account, but NZ did not follow suit.  43 nations legalized abortion over a 10 year period.

1969-71 Court cases in Australia gave a more liberal interpretation to state laws which varied from one state to another.  NZ women with means could now obtain a legal abortion in Victoria and NSW.

1970 Dr Pat Dunn and Sir William Liley joined forces in NZ to prepare for when pro-abortionists would begin their major thrust.  The Society for the Protection of the Unborn Child (SPUC), was established March. Within two years it had 25,000 members, 28 branches.  By 1975, 40,000 members and 56 branches.

1973 American Supreme Court decision struck down all state laws and established abortion on demand.  In the case known as Roe v Wade held that the unborn is not a person under the constitution and thus is not entitled to any constitutional protection for its own sake.

1974, May.  Reflecting changes in medical and public opinion, the Auckland Medical Aid Centre opened to carry out abortions in a private facility.  In Sept the clinic was raided and police seized 500 files.  On 10 Jan 1975 the Court of Appeal ruled that the search warrant had been invalid but the files were used to bring the operating doctor, Dr Jim Woolnough, to trial on 12 counts of procuring unlawful abortions.  He was subsequently acquitted.  The Court of Appeal upheld the not guilty verdict.  Dr Woolnough held an honest belief that there was a danger to the physical or mental health of the 12 women.  Because of a change in the abortion laws he could not continue operating.  As a result of the Contraception, Sterilisation and Abortion Act, the clinic closed Dec 1977 and did not reopen until Aug 1979 after a legal battle to obtain a licence.

FPA called for abortion to be legal for women with an early unwanted pregnancy.

1974, Aug.  The Hospitals Amendment Act (Wall Bill) was introduced in an attempt to restrict abortions to public hospitals.  This was passed May 1975 with Mr Highet’s amendment extending operations to licensed hospitals.  A system of notification of abortions was introduced.  Sept 1975 Mr Justice Speight ruled that the law was invalid because it related to the wrong section of the Crimes Act (Section 182).

1975 Due to intense public debate a Royal Commission of Inquiry on Contraception, Sterilization and Abortion was established by the Labour Govt under PM Bill Rowling.  The 6-member commission under Mr Justice McMullin was appointed in June 1975 and deliberated for 21 months. 

There was much lobbying for the 1975 elections. MPs either had huge reductions in votes or lost seats depending on whether they were pro-life or pro-abortion.  This led to a more pro-life parliament with health and justice portfolios in the hands of pro-life ministers. 

NZ was set for the most intensive period of abortion legislation in its history.  We were to be the first country in the world to use the legislative process to turn back the juggernaut which had swept across the globe; to repair damage caused when the historic legal protection of unborn children had been demolished.

1975, June. The United Women’s Convention, Wellington, a small vocal group argued for abortion as a liberating force for women. (More on this next Whistle letter.)

1977 Three hundred doctors put a half page advertisement in a newspaper saying they regarded the unborn child as a patient to be cared for…to protect our country’s unborn children from death in the guise of social reform.

The report of the Royal Commission was published.  It was very conservative and very controversial.  It recommended 12-14 abortion panels throughout NZ.  Between Aug-Dec National introduced the Contraception, Sterilisation and Abortion Bill.  After many amendments and one all-night sitting, it was passed on 15 Dec, 40 votes to 26.  The Crimes Act and 7 other Acts were amended including the Guardianship Act relating to girls under 16 years being able to make a decision in their own right.  Panels were discarded in favour of ‘certifying consultants’. 

1978 The new procedures for obtaining an abortion came into effect 1^st April under the supervision of the new body, the Abortion Supervisory Committee.

The new legislation proved unworkable.  The ASC recommended changes to the Crimes Act with foetal abnormality to be included as a ground and the deletion of the phrase ‘and the danger cannot be averted by any other means’.  In the CS&A Act the procedures were altered so that a surgeon must first agree to operate.

1978 Pro-abortionists wore red badges saying REPEAL.  They aimed to fight the passing of the bill. Rallies were held.  People were angry that SPUC had ‘won’.

The third largest petition in NZ with 318,820 signatures was presented to parliament.  A public survey showed the public had no idea of the law they were asking parliament to repeal.  The petition never came before the house.

1979 ASC had appointed 208 consultants.  45 hospitals were licensed to perform abortions.

Abortion numbers rose.  Parliament voted in two replacements to the ASC.  The third, a liberal, resigned.  There was a 13% increase of abortions.

ASC said, “No significant change in this trend appears possible without a change in the attitude of society.  Younger people in particular must accept a great responsibility in their sexual relationships

1970-80 The abortion debate divided the political environment and it took time for the wounds to heal.  The Medical Assoc was in turmoil, especially after 5,000 doctors received letters inviting applications to positions of certifying consultants.  The media, TV, courts all in the mix. 

Probably the most important factor which facilitated permissive abortion was the capitulation of the medical profession from its traditional ethical stand.  A relatively small segment actively supported abortion on demand.  Some argued passionately that their colleagues remain faithful to the profession’s ethical stand but they were voices crying in the wilderness.  Most doctors remained silent.  Many quietly referred their patients to Auckland Abortion Clinic.

1981 At these elections the abortion issue was a big factor for voters especially the undecided, new or swinging voters.  Abortion Stats at their highest level.

1982 All but 1.9% of abortions had been authorised on the basis of a danger to mental health or a combination of a serious danger to physical and mental health.  The 1977 beachhead – putting in place a law expected to protect the lives of unborn children – had been over run.

1982 In a court case, Wall v Livingstone, anti-abortionist Dr Melvyn Wall of New Plymouth challenged the decision of two certifying consultants, who had authorised an abortion for a 16 year old.  He lost and the Court of Appeal confirmed he had no standing to represent the foetus.  Wall was censored and found guilty of professional misconduct by the Medical Practice Disciplinary Committee for disclosing information.  There was huge public support for Wall.

As a result of the Wall case, SPUC drafted a law – the Status of the Unborn Children’s Bill – written with such precision that judges would be left in no doubt whatsoever as to its purpose and intent: It was defeated.

1983 Two private members’ bills, one liberal from Marilyn Waring, the other restrictive (probably the SPUC law above) from Doug Kidd, were both defeated.

Martin Luther King:  “Changing the law will not change the heart, but it will restrain the heartless.”

Doug Kidd:  “The issue of life and death are the very core of any society, and any society intent upon its survival must debate them and resolve its views.  In our society that must involve parliament.”

1989 Oct.  Helen Clark, Minister of Health tried but failed to simplify the certifying procedures.  Parliament did however, agree by a substantial margin to repeal Section 3 of the CS&A Act relating to contraception and under 16 year olds.

1980-90 Anti-abortionists have tried, via trespass cases, to represent the foetus but these have failed, including one which went to the Privy Council in London.

1996 Health Minister Jenny Shipley announced a package to improve sexual and reproductive health services, including improving access and reducing costs.

2003 A High Court judgment by Mr Justice Durie clarified Section 18 of CS&A Act with respect to ‘performing’ medical abortions, stating that women must take the medications in a licensed facility but women do not need to stay there between taking the two sets of tablets.  Nor is it compulsory for them to stay in a licensed hospital or clinic until the foetus is expelled and the abortion is complete.

2005 Right to Life began court proceedings seeking clarification on the ASC powers, the lawfulness of abortion being carried out and the rights of the unborn child.  Right to Life believed the ASC had failed to properly interpret its powers under the Contraception, Sterilization and Abortion Act so full regards were given to the rights of the unborn child.  These court proceedings are on-going.

PRAYER POINTS:

v      Thank God for all those who have gone before in this long battle in NZ, who stood for the rights of unborn children, who protested, marched along the streets, who wrote Bills, letters, voted as MPs in parliament, who stood firm against the onslaught of the pro-abortion ‘machine’.  Thank God for SPUC, for the dedication and foresight of those who formed this group in anticipation of future events.  Thank God for Voice for Life and Right to Life who are still at the forefront.

v      Declare:  Today I separate NZ from all pro-abortion laws of other nations, from Russia’s 1920 acceptance of abortion and laws reflecting that stance, from the World League for Sex Reform and its influence on the international law reform movement; from test cases in courts that influenced the interpretation of the law away from the Biblical mandate; from other nations who voted in abortion laws before NZ and which heavily influenced our nation, especially Britain, USA and Australia.  I separate NZ from all and every requirement coming from the United Nations that we embrace in law pro-abortion, anti-life legislation, all and every pressure from other nations to follow their example.

v      Repent:  Heavenly Father I repent on behalf of the forefathers in my family for any way in which they aligned themselves with pro-abortion laws, voting for these, or for MPs who stood for abortion.  I repent for the ways in which NZ was heavily influenced in the past by other nations and the laws they passed, taking this as their plumb line rather than the Word of God.  Father forgive them for they did not know what they were doing, they could not foresee the effects and consequences for this nation of the laws they passed.

v      Pray for God’s divine healing to the deep divisions and wounds, the hatred, misunderstandings, wrong decisions, within our nation from the long, protracted battle over abortion, especially healing in the political arena, Law & Justice, Media, Family, Education, and Health.                  The expectation of the general public was that the 1977 law would protect the lives of unborn children and when the abortion stats began to climb the cynicism, and the sense of powerlessness, did also.  Pray that NZers would once again know the power of God available to them to spiritually battle until the laws are pro-life and the war is permanently won. 

v      Pray for the political parties in NZ, the MPs, to find the unity and honest conscience needed to grapple with and come to a clear understanding of the questions relating of life and death: e.g. ‘When does life begin?’  ‘Is what is growing in the mother’s womb life, and does such life have any value?’  Pray that this will result in clarity of belief, clarity and precise wording for future laws, so the historic legal protection of the unborn child will once again be embedded permanently in NZ law.  1 Tim e.g. 1:3-11,19; 2:1-6; 4:1-16; 6:11-16

v      Pray for the medical fraternity, that they would once again regard the unborn child as a patient to be cared for; they would corporately make a traditional, ethical, permanent pro-life stand, standing up for righteousness, justice and truth.

v      The annual report from the ACS is traditionally tabled by the Speaker of the House, December, just prior to the House rising for the Christmas recess.  A copy is given to each MP but no time is allotted for debate on the report.  The Justice & Electoral Select Committee will ultimately be responsible to ensure that the ASC upholds the law and holds certifying consultants accountable for the lawfulness of the abortions that they authorise.

v       

The current members of the Justice & Electoral Select Committee are:

Chester Borrows, Nat, Chair

Simon Bridges, Nat, Dep Chair

Paul Quinn, Nat

Kan Waljit Sing Bakshi, Nat

Nathan Guy, Nat

Dr K Graham, Greens

David Parker, Lab

Lynne Pillay, Lab