Prime Minister Jacinda Ardern has defended not going further with abortion law reform, saying the bill put up before Parliament needs to be able to pass.
The Government has unveiled its long-awaited bill to decriminalise abortion, treat it as a health issue and reduce the legal hoops women have to go through to get access.
It is the first major reform in the area in more than four decades and will have its first reading in Parliament on Thursday.
Abortion is currently a crime in New Zealand, but exemptions mean women can still get access if two doctors agree a pregnancy would put them in physical or mental risk - a process that has been criticised as stigmatising and too cumbersome.
The proposed changes would mean before 20 weeks' into their pregnancy women would be able to make the decision.
Later than that, the person performing the procedure would have to "reasonably believe the abortion is appropriate with regard to the pregnant woman's physical and mental health, and wellbeing".
Other changes include:
- Allowing women to self-refer to an abortion service, bypassing their GPs if they object
- Ensuring health practitioners advise women about counselling services
- Allow a regulation-making power to set up safe areas around specific abortion facilities
- Ensure practitioners who object must inform pregnant women about their objection, and that the woman can obtain the services elsewhere
Under the proposed law, 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.
While advocates for change have welcomed the legislation as a major step forward, they have criticised the 20-week limit.
"Why the 20-week limit? There are scans that happen around 20 weeks and this gives people little time to consider those results," Abortion Law Reform Association of NZ president Terry Bellamak said.
"It's not as good as it could have been, but it's so much better than the status quo, we have to give the Government props for that."
Family Planning also said it was disappointed there was still a legal test.
"The proposed approach isn't what the broader health community, including Family Planning, recommended and is really a missed opportunity to put all women front and centre of the process," chief executive Jackie Edmond said.
The Law Commission submitted three reform options for the Government to consider in October, but the legislation has been repeatedly held up, including by negotiations with New Zealand First.
The options included having no statutory test to make sure the abortion was appropriate at any point; taking abortion out of the Crimes Act but having a statutory test; or only having a test for later-term abortions, after 22 weeks.
Advocates had been hoping for no test, but it's been reported NZ First haggled for the 20-week rule.
The Prime Minister on Monday defended keeping the test in the law, saying it needed to be something that could pass through Parliament in a conscience vote.
"I think this option has the greatest chance of succeeding in Parliament, and I think that's really important because one of the ultimate goals has been to modernise this legalisation," Jacinda Ardern told media.
"Ultimately, it is about putting something to Parliament that has the strongest likelihood of succeeding. This issue should not be in the Crimes Act."
The bill would also allow for the creation of 150-metre safe zones around specific clinics where people had been harassed by protesters. It would prevent people from handing out pamphlets or approaching women going inside.
"We know that there are some places in New Zealand where women going to get an abortion are being harassed and intimated, are being confronted by anti-abortion protesters with their literature. It is simply inappropriate to do that," Justice Minister Andrew Little said announcing the policy on Monday.
The changes would also allow women to refer themselves to clinics without a doctor.
Parliament will hold a conscience vote on the bill on Thursday, meaning members vote individually, rather than along party lines.
Little said he was confident the bill would pass its first reading, although the numbers were not clear. It was expected to pass before next year's general election.
The Green Party has thrown its support behind the first reading, but the remaining parties will likely be split.
If the legislation passes on Thursday, it will then go to a special Select Committee for feedback.
"It will be close," Ardern said. "What I'd hope is that members of Parliament will give members of the public a chance to have a say on the issue by seeing this bill passed at first reading."
Advocates say they will push for it to go further when they make submissions.
Meanwhile, conservative lobby group Family First has vowed to run a strong campaign against the legislation.
"Under the current law, an unborn child is at least afforded some recognition and minimal legal protection. In contrast, these proposals will give the unborn child the same status as an appendix, tonsils or gall bladder - simply tissue removed as part of a 'health procedure'," spokeswoman Gina Sunderland said.
There were about 13,000 abortions performed in New Zealand last year, according to Statistics New Zealand. Only 57 of those took place after 20 weeks' pregnancy. On a per-capita basis the rate has been falling the past decade.
