The Law Commission has considered proposals for changing the law around abortion, to reduce the stigma of abortion, to increase the freedom of women to make their own decisions, and to increase the accessibility of abortion. It is proposed to take abortion out of the Crimes Act, and that performing an abortion be regarded as simply a health procedure. The inclusion of abortion within the Crimes Act recognises that abortion involves bringing about the death of human foetus. Making abortion merely a health procedure implies that unborn babies are merely organic material, with no human rights.

At present, performing an abortion is illegal unless it falls within certain exceptions: abortion is legally permissible up to 20 weeks’ gestation if authorised by two certifying consultants, if there is (a) ‘serious danger to the life, or physical or mental health’ of the mother (including pregnancy as a result of sexual violation), or (b) serious foetal abnormality, or (c) if the pregnancy results from incest, or (d) the mother is ‘severely subnormal’ (has significant mental, physical or intellectual impairment). After 20 weeks’ gestation, abortion must be necessary to save the life of the woman or to prevent serious permanent injury to her physical or mental health.

All three proposed models involve further liberalisation of New Zealand’s abortion law, and would remove the requirement for two certifying consultants. Model A would make abortion available to any woman (in consultation with her doctor) for any reason, at any stage of pregnancy. Model B would make abortion available to any woman, subject to a statutory test: ‘If the health practitioner who intends to perform the abortion reasonably agrees the abortion is appropriate in all the circumstances, having regard to the woman’s physical and mental health and wellbeing’. Model C would apply Model A (abortion for any reason, at any stage, with no statutory test) to pregnancies up to 22 weeks’ gestation, and would apply Model B (statutory test and decision made by the doctor who intends to perform the abortion) to pregnancies after 22 weeks’ gestation.

None of the three proposals appear to demonstrate regard for the rights of unborn children. Surely a just and humane society, along with being concerned for the health and wellbeing of women, should be eager to protect those who are among its most vulnerable children, the unborn. All abortion ends a life, for whatever reason, but late-term abortion is especially abhorrent. Abortion can also often involve long-term consequences for the mothers. If abortion is to become a normal health procedure, there are also questions around whether doctors and nurses would be free on conscientious grounds to decline to participate in abortions. Does New Zealand really want or need these changes?

This is an issue full of complications and dangers.

While it is already a crime to incite hatred and violence against anyone (and rightly so), and there is no place for the sort of hatred which lies behind racism and terrorism, it could become a significant threat to freedoms of religion and of speech if ‘hate speech’ became defined or interpreted as expressing religious or moral views which some groups might complain are offensive and ‘hateful’ and thus a criminal offence.

Could it one day become illegal, for example, to publicly proclaim that Christ is the way, the truth and the life (something which may offend some atheists or members of another faith), or to admit the belief that God intended marriage as a union of one man and one woman? Could expressing such views lead to dismissal from one’s job or profession? Would it be illegal to quote certain parts of the Bible? Would such laws be applied equally: would atheists and members of minority faiths be equally at risk of breaking the law, or would Christians be subject to particular restrictions?

The recent dismissal in Australia of rugby star Israel Folau indicates how freedoms of religion and expression (whatever we may think about how wisely those rights were exercised) are now under threat in the public sphere.

Making marijuana legal and freely available would have major negative effects on New Zealand society, not least in terms of health, mental health, road safety, and the safety of the workplace.

Why would we even consider this move? Have we not learned from the huge costs to society tobacco use and alcohol abuse? Do we really need another such harmful industry, peddling its products and enjoying the profits while downplaying the very significant social and health costs?