Beyond Criminalisation: Abortion Law Reform in Aotearoa New Zealand

Abstract

With the enactment of the Abortion Legislation Act 2020, New Zealand radically transformed its approach to abortion. Abortion is no longer a crime, and is instead regulated under general health law, adopting a gestational model. Whilst some claim that reform was overdue, critics have described the new legislation as the 'world's most extreme abortion law'. This article investigates these claims through the lens of reproductive justice, a movement that emerged alongside the global campaign for recognition of reproductive rights. First, it outlines the tenets of reproductive justice, before critiquing New Zealand's previous law, and considering arguments for its modernisation. It then describes how a growing number of jurisdictions have decriminalised abortion, with increasing pressure on other countries, including England and Wales, to similarly undertake law reform. Finally, it examines the main provisions of New Zealand's law. It concludes that, to the extent that the new law enables access to timely, equitable, and publicly funded abortion services, it is consistent with the tenets of reproductive justice. By placing women at the centre of the law, it improves the welfare of women, but particularly marginalised women. However, it suggests that the current 20-week gestational test is arbitrary, with the originally proposed 22-week threshold preferable.