Contraception, Sterilisation, and Abortion Act 1977 (Reprinted 1992)

[Abortion] Section 46. Conscientious objection

46. Conscientious objection—(1) Notwithstanding anything in any other enactment, or any rule of law, or the terms of any oath or of any contract (whether of employment or otherwise), no registered medical practitioner, registered nurse, or other person shall be under any obligation—

(a) To perform or assist in the performance of an abortion or any operation undertaken or to be undertaken for the purpose of rendering the patient sterile:

(b) To fit or assist in the fitting, or supply or administer or assist in the supply or administering, of any contraceptive, or to offer or give any advice relating to contraception,—

if he objects to doing so on grounds of conscience.

(2) It shall be unlawful for any employer—

(a) To deny to any employee or prospective employee any employment, acconunodation, goods, service, right, title, privilege, or benefit merely because that employee or prospective employee objects on grounds of conscience to do any act referred to in subsection (1) of this section; or

(b) To make the provision or grant to any employee or prospective employee of any employment, accommodation, goods, service, right, title, privilege, or benefit conditional upon that other person doing or agreeing to do any thing referred to in that subsection.

(3) Every person who suffers any loss by reason of any act or omission rendered unlawful by subsection (2) of this section shall be entitled to recover damages from the person responsible for the act or omission.

(4) Nothing in this section shall limit of affect the provisions of section 5 of this Act or section 43A of the Medical Practitioners Act 1968 (as inserted by section 2 of the Medical Practitioners Amendment Act 1977).

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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