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Referendum bid for abortion law reform fails in Parliament

There will not be a referendum on abortion law reform, after Parliament voted the NZ First proposal down 100-19. 

The Abortion Legislation Bill  second committee of the House saw a small number of MPs debate and vote on proposed changes after it  passed its second reading earlier this month with 81 in favour and 39 against. The first reading  passed  94 in favour and 23 against in August last year.

NZ First MP Darroch Ball proposed a referendum, should the bill pass its third reading, before it could become law. The issue came after his colleague Tracey Martin spent months negotiating with Justice Minister Andrew Little over the proposed law that would move abortion from the Crimes Act. 

When asked earlier this month if the late addition of the order paper was hōhā (annoying), Ms Martin said Mr Ball had been away for a couple of caucus meetings. "He brought information to the table and I work in a democracy, he got more support out of the caucus than I did."

"The caucus has decided that all nine of us should support that supplementary order paper - then we're going to have to see where it goes," NZ First MP Tracey Martin said.

Last week in the first part of the committee of the House, MPs made changes which saw the provision for safe zones scrapped, after a confused vote in Parliament .

The bill proposed 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. If a person was to engage in prohibited behaviour inside a 'safe-zone', they could receive a fine up to $1000.

ACT leader David Seymour, who proposed the removal of safe zones, said those who wanted it to stay "were focused on other things" instead of calling for a personal vote.

"I've never seen anything like it, but it is a legitimate way of passing a vote and I happen to think we got the right outcome. 

"I hate these odious ogres who protest outside abortion clinics, but I also didn't come to Parliament to make law allowing Ministers to ban free speech in whole areas," he said last week.

Green MP Jan Logie told media they were "pretty disappointed at the error" and were "channelling that into finding a solution".

"This is an important issue, I've spoken to people in communities who have felt harassed through that processes of trying to access good healthcare and they weren't able to get protection through council bylaws or police intervention. There is a need for this."

Despite the pledge, the bill moved to its third reading with the provision for safe zones removed.

Another change to the bill last week was a requirement for requiring a health practitioner who was conscientiously objecting to providing a rape victim with emergency contraception, to give the name of someone "nearby" who would provide them with a prescription.

Ruth Dyson of Labour, who chaired the abortion select committee, said the bill previously had no provisions for the non-conscientious objector to be nearby.

“We could have a woman in Whanganui, a fine town, if I may so, seeking emergency contraception. The chemist says, "No, I'm a conscientious objector; here's a provider", and the provider's in Invercargill.”

Chris Penk of National pushed back on changes to conscientious objection, saying he believed it was "a fundamental right, I believe, of New Zealanders that should not be undermined".

The current rules allow for abortion under 20 weeks in cases of serious danger to life, physical health or mental health, incest and foetal abnormality. Sexual violation is a factor that can be taken into account.

A person needs two certifying doctors to provide certificates to obtain an abortion.

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