31 January 2023
Ken Orr Right to Life
By email: ken@righttolife.org.nz
Tēnā koe Ken
Response to your queries regarding Safe Area applications
Thank you for your queries, which were received by Manatū Hauora’s (the Ministry of Health’s) OIA services team on 26 December 2022. As you were advised on 19 January 2023, your response is best handled as a direct response from our directorate. Please find a response to each of your queries below:
Confirmation that an application for a Safe Area around an abortion services provider premises may be granted if it is anticipated that there might be future incidences of harassment or intimidation of women seeking an abortion or of abortion staff at that facility. That this approval may be granted even if there is no record of current or previous harassment or intimidation of women or of staff.
Section 13C of the Contraception, Sterilisation, and Abortion Act 1977 (the Act) outlines when regulations for the purpose of prescribing a Safe Area may be created. In accordance with the Act, there does not need to be a history or record of activities occurring that would otherwise not be permitted in a Safe Area, for a Safe Area to be granted.
As part of the application process, Manatū Hauora considers each application on a case-by-case basis. This includes anticipated and historical activities at a premises before providing recommendations to the Minister of Health, regarding new Safe Areas.
Do the legal restrictions of a Safe Area apply when the designated abortion facility is closed and there is no risk of a woman or a staff member being harassed or intimidated?
The Contraception, Sterilisation, and Abortion Act 1977 does not place an operational timeframe on any Safe Areas Regulations created under section 13 of the Act.
Nāku noa, nā
Ruihua Gu
Acting Group Manager, Quality Assurance and Safety Regulatory Services | Te Pou Whakariterite Ratonga