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Abortion 'safe zone' to stop women being 'harassed, intimidated, confronted' - Andrew Little

August 5, 2019

Andrew Little said some behaviour was “totally inappropriate in what is already a very stressful time”. (Source: Other)

The proposed changes to pull abortion from the Crimes Act and treat it as a health issue comes with a plan to create 'safe zones' around some abortion clinics.

The move could restrict anti-abortion protestors' behaviour outside clinics. 

Justice Minister Andrew Little released proposals today , one which removes the statutory test for a person less than 20 weeks pregnant. 

The Justice Minister talked about the proposed changes to the Crimes Act on abortion. (Source: Other)

The bill also proposes a regulation-making power which would look at creating zones around some abortion facilities.

It would look at a 'safe area' no more than 150m around specific abortion facilities, allocated on a case-by-case basis. 

"The purpose of this regulation-making power is to protect the safety and well-being, and respect the privacy and dignity of women accessing abortion facilities and practitioners providing and assisting with abortion services," the bill states. 

Prohibited behaviour would be intimidating, interfering with, or obstructing a person with the intention of preventing them from accessing or providing abortion facilities, or from communicating or videoing a person in a manner that would cause emotional distress.

"There are some places in New Zealand where women going to go and get an abortion are being harassed, intimidated, confronted by anti-abortion protesters with their literature. It is simply inappropriate to do that," Mr Little said. 

"I think I've seen enough to suggest we want to have that up our sleeve on a very localised basis.

"Approaching a woman going into an abortion clinic and throwing leaflets and pamphlets in their face or chanting... I think is totally inappropriate in what is already a very stressful time."

If a person was to engage in that behaviour inside a 'safe-zone', they could receive a fine up to $1000. A person could be arrested if police believed the person was engaging in the proposed prohibited behaviour. 

ALRANZ Abortion Rights Aotearoa called the proposed safe zones "reactive rather than proactive" due to it being zoned on a case-by-case basis. 

President Terry Bellamak asked if it meant providers and patients "must suffer actual harassment, intimidation, or injury before they can apply to the Minister for a safe area?"

"That might put health practitioners off providing abortion care."

Last year, a group of high schoolers petitioned the Government to create 'buffer zones' outside hospitals that provided abortions. 

"A hospital, or the area near hospital grounds, is not an appropriate place to protest; it is a place of recovery and care, and by establishing a buffer zone we would retain that," the petition stated. 

Bernard Moran of Voice for Life said at the time, they call their presence outside abortion clinics "sidewalk counselling or a prayer vigil", and Right to Life spokesperson Ken Orr told 1 NEWS there were many women in New Zealand "who are most grateful that there were pro-life people who were there outside abortion clinics to offer support and help to choose life for their precious child". 

Canterbury academic Melissa Derby also told 1 NEWS last year she thought creating a no-protest buffer zone could set a precedent.

"It's such a tricky topic because I think people's views become clouded by the emotion that surrounds abortion - from both sides," she said. 

When asked if she thought that this would impact the abortion protesters' free speech, she said that it must be remembered "there is a duty of care that comes with free speech".

"Free speech isn't an absolute right, nor do I think it should be. People have a right to express their views, but I always hope this is done in a respectful and decent way."

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