The reforms are the first major changes to abortion laws in more than four decades. Photo / Mark Mitchell
The reforms are the first major changes to abortion laws in more than four decades. Photo / Mark Mitchell
Sweeping reforms of abortion laws have overwhelmingly passed their first hurdle in Parliament.
Politicians voted through legislation revising New Zealand's 42-year-old Contraception, Sterilisation and Abortion Act by 94 votes to 23 after an emotional and personal debate in the House on Thursday.
The biggest change the bill proposes would see a current requirement for two doctors to have to approve an abortion on physical or mental health grounds dropped - in favour of letting women make the decision up to 20 weeks' pregnancy.
Later than that, one medical practitioner would have to agree.
In one of many personal accounts heard during Thursday's debate, Labour MP Marja Lubeck revealed to the House an abortion she had at age 18 when living in the Netherlands.
"I was given the dignity and freedom to decide for myself whether to continue my unwanted and unplanned pregnancy or to get an abortion," she said.
"I was not made to go through weeks and weeks of referrals, consultations, appointments, tests, scans and counselling. I didn't have to say I was at risk of mental health. I didn't need to be dishonest to get an abortion.
"And in the 35 years since, there has not been one day where I have regretted that decision."
Justice Minister Andrew Little has warned the public debate that's coming will be heated, and often based on faith and deeply held beliefs. Photo / Mark Mitchell
Meanwhile, speaking against the bill, National MP and former Minister for Women Louise Upston fought back tears as she described an abortion she had chosen not to have in her 20s.
"I was told, at 11 weeks, I was pregnant and told that I absolutely must terminate because of the [medication] I had been taking … the risk of disabilities was so great," she said.
"They had identified genetic abnormalities. Now it seemed to me … I had no choice.
"I now have a 21-year old son who is gorgeous, strapping, healthy boy who is six-foot-five … If I had trusted and put my faith in the medical professionals I wouldn't have had 21 years with the most adorable boy that ever has been."
National's Judith Collins, who voted yes, revealed she had a miscarriage during her first pregnancy while working on a trial as a lawyer.
"I had to go back the next day to finish the court case," she said.
"These things happen. We women have dealt with it for generations, for hundreds of years."
The bill was not pro-abortion, but a "reality check", she said.
A series of other MPs were also left in tears as they spoke, including NZ First's Tracey Martin, National MP Simeon Brown and Labour's Ginny Andersen.
Martin choked up as she told the House she had planned to speak about her mother's birth mother, but instead was left giving a speech about a last-minute decision by her party to call for a referendum to be added to the legislation.
Meanwhile, Prime Minister Jacinda Ardern said she had wondered since becoming an MP more than a decade ago when the debate would happen.
"The time is right for us to put women's dignity and rights at the centre of this discussion," she said.
Introducing the bill, Justice Minister Andrew Little warned the public debate that was coming would be heated and often based on faith and deeply held beliefs.
"We will hear extravagant language in the public debate referring to killing and murder. I reject those notions," he said.
"I accept on legal and on moral grounds that human rights do not accrue until human life is possible."
He was joined by National's Amy Adams, who has been trying to rally support among the Opposition.
She said she was prepared for the attacks that would come.
"I will always stand strong for the right of women to control their own reproductive systems," she said.
National MP Chris Penk opposed the bill, saying that an unborn child has a beating heart, unique DNA, independent movement, and is capable of feeling pain.
"If the unborn child is merely a collection of cells, then we are all merely a collection of cells," he said.
The legislation will now go to a special Select Committee to consider public submissions and changes, before going to a second and possibly third vote.
Anti-abortion groups, such as Family First, have described the changes are "radical" and have promised to fight tooth and nail.
And several MPs, including National's Chris Bishop, have in recent days been posting screenshots of their inboxes flooded with emails urging them to vote against the bill. Seperately, some MPs have reported receiving messages comparing them to Nazis or murderers.
Critics such as Penk have argued the bill would effectively allow abortion up to birth.
Little has called that claim "extremist", saying of the about 13,000 abortions carried out last year, only 57 were after 20 weeks and none near full gestation.
Abortion Providers Group Aotearoa New Zealand – made up of doctors, nurses, midwives and social workers – also said late abortions were very rare.
Several MPs on Thursday said they would be seeking assurance about the safeguards on late-term abortions in the Select Committee stage.
Meanwhile, advocates for reform, including the Abortion Law Reform Association of New Zealand and Family Planning, say while they're pleased with change, they're disappointed a test is being kept for abortions after 20 weeks.
They've promised to put in a number of proposals in front of the Select Committee.
What the bill changes
Currently, women need clearance from two doctors on grounds of mental or physical risk from day one to get an abortion. After 20 weeks an abortion currently needs to save the life of the woman.
About 98 per cent of abortions are performed under the mental health clause. The new law would mean there would be no legal test for earlier than 20 weeks.
Any later and the person performing the procedure will have to "reasonably believe the abortion is appropriate with regard to the pregnant woman's physical and mental health, and wellbeing".
Medical practitioners who didn't comply would face consequences from their medical bodies, rather than under the Crimes Act.
Other changes in the legislation include allowing for the introduction of 150-metre safe zones around clinics where people have been harassed, and allowing women to self-refer to clinics.
It will still be illegal for an unqualified person to try to perform an abortion, and causing the death of an unborn child by harming a pregnant woman will remain an offence.
Alfred Ngaro, who had strongly opposed abortion reforms, was overseas and said he had sent his proxy vote in to be cast. That did not appear to have happened.
Hamish Walker votes yes but was discounted after he left the Debating Chamber before the votes were counted; and Jian Yang missed the vote but said he would have voted "yes".
