5. Supply of contraceptives to sexual violation complainants—(1) Where any person makes a complaint of [sexual violation] to any member of the Police and that member, or any other member of the Police, calls a registered medical practitioner to examine the complainant, it shall be the duty of that medical practitioner (unless the complainant expresses a contrary wish [or unless the medical practitioner is satisfied that the sexual violation did not involve the penetration of the complainant's vagina by a penis])—
(a) To advise the complainant of a contraceptive precaution she may take in order to avoid the risk of pregnancy, and to supply to her or authorise the supply to her of any contraceptive for that purpose; or
(b) To advise her of her right to obtain such service from another registered medical practitioner or a family planning clinic.
(2) Without limiting subsection (1) of this section, where any patient complains of [sexual violation] to any registered medical practitioner (whether or not she also lays a complaint of [sexual violation] with the Police), it shall be the duty of that medical practitioner to comply with the terms of that subsection.
(3) Without limiting section 43 of the Medical Practitioners Act 1968, every registered medical practitioner who fails to comply with subsection (1) or subsection (2) of this section is guilty of
professional misconduct and shall be dealt with under subsection (2) of that section accordingly.
[(4) In this section “sexual violation” has the same meaning as it has in section 128 of the Crimes Act 1961.]
In subss. (1) and (2) the words “sexual violation” in square brackets were substituted for the word “rape” by s. 7 (3) of the Crimes Amendment Act (No. 3) 1985.
In subs. (1) the words in the second set of square brackets were inserted by s. 7 (3) of the Crimes Amendment Act (No. 3) 1985.
Subs. (4) was added by s. 7 (3) of the Crimes Amendment Act (No. 3) 1985.
CROWN COPYRIGHT NOTICE: On and after 1 April 2001, section 27(1) of the Copyright Act 1994 provides that no copyright exists in any New Zealand Act (of Parliament) as defined in section 29 of the Interpretation Act 1999, whenever those works were made.
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