A New Zealand First candidate’s claims that babies can be “killed right up to the day of birth” under New Zealand’s abortion laws have been challenged after a review of legislation, official statistics and medical practice found several of her statements were misleading or incorrect.
According to a report by Stuff, Elizabeth Mundt, NZ First’s candidate for Selwyn and a second-term Selwyn district councillor, raised concerns about New Zealand’s abortion laws in a Facebook post last week, saying the issue had been “haunting” her for years.
Mundt questioned what NZ First would do about what she called the “full-term abortion bill”. She said the legislation had been “shrouded in controversy” and claimed it was passed as New Zealand was entering the Covid-19 lockdown period, diverting public attention, as quoted by Stuff.
“It was passed just as the country was going into covid lockdowns,” she wrote, “so the focus of the nation was diverted.”
Mundt said NZ First MPs had opposed the legislation through a conscience vote.
“Their (sic) is NO upper limit to the age of a baby being aborted. If two practitioners agree, a baby can be killed right up to the day of birth,” Mundt continued, Stuff has quoted.
She also claimed babies who survived an abortion could be left to die in hospital sluice rooms.
“Babies that survive the very barbaric abortion process are not allowed to be put to sleep once birthed, so are left in the sluice room to die. Meanwhile MPI has stricter rules around calving with fines up to $15,000 for violations,” as quoted by Stuff.
According to Stuff, Mundt did not respond to requests for an interview. Instead, she posted a video discussing the issue and made further claims about abortion law, including allegations involving fetal pain relief and teenagers accessing abortion without parental knowledge.
A review of New Zealand’s abortion legislation, official Ministry of Health statistics, parliamentary voting records and expert medical advice found that several of the claims require significant context.
No such law as a “full-term abortion bill”
There is no New Zealand legislation officially known as the “full-term abortion bill”, as quoted by Stuff.
The legislation Mundt appears to be referring to is the Abortion Legislation Bill, which became law in March 2020 and amended the Contraception, Sterilisation, and Abortion Act 1977.
The bill did pass its third reading on March 18, 2020, one week before New Zealand entered its first nationwide Covid-19 lockdown. However, the process of reforming abortion law had begun well before the pandemic.
Justice Minister Andrew Little requested advice from the Law Commission in February 2018. The commission delivered its ministerial briefing later that year, while the bill was introduced to Parliament in August 2019 and went through a select committee process that received more than 25,000 submissions, as reported by Stuff.
NZ First Candidate’s Abortion Claims Fact-Checked Against New Zealand Law
A New Zealand First candidate’s claims that babies can be “killed right up to the day of birth” under New Zealand’s abortion laws have been challenged after a review of legislation, official statistics and medical practice found several of her statements were misleading or incorrect, as reported by Stuff.
Elizabeth Mundt, NZ First’s candidate for Selwyn and a second-term Selwyn district councillor, raised concerns about New Zealand’s abortion laws in a Facebook post last week, saying the issue had been “haunting” her for years.
Mundt questioned what NZ First would do about what she called the “full-term abortion bill”. She said the legislation had been “shrouded in controversy” and claimed it was passed as New Zealand was entering the Covid-19 lockdown period, diverting public attention.
“It was passed just as the country was going into covid lockdowns,” she wrote, “so the focus of the nation was diverted,” Stuff has quoted.
Mundt said NZ First MPs had opposed the legislation through a conscience vote.
“Their (sic) is NO upper limit to the age of a baby being aborted. If two practitioners agree, a baby can be killed right up to the day of birth,” Mundt continued.
She also claimed babies who survived an abortion could be left to die in hospital sluice rooms.
“Babies that survive the very barbaric abortion process are not allowed to be put to sleep once birthed, so are left in the sluice room to die. Meanwhile MPI has stricter rules around calving with fines up to $15,000 for violations,” as quoted by Stuff.
Mundt did not respond to requests for an interview. Instead, she posted a video discussing the issue and made further claims about abortion law, including allegations involving fetal pain relief and teenagers accessing abortion without parental knowledge.
A review of New Zealand’s abortion legislation, official Ministry of Health statistics, parliamentary voting records and expert medical advice found that several of the claims require significant context.
No such law as a “full-term abortion bill”
There is no New Zealand legislation officially known as the “full-term abortion bill”.
The legislation Mundt appears to be referring to is the Abortion Legislation Bill, which became law in March 2020 and amended the Contraception, Sterilisation, and Abortion Act 1977, Stuff has reported.
The bill did pass its third reading on March 18, 2020, one week before New Zealand entered its first nationwide Covid-19 lockdown. However, the process of reforming abortion law had begun well before the pandemic.
Justice Minister Andrew Little requested advice from the Law Commission in February 2018. The commission delivered its ministerial briefing later that year, while the bill was introduced to Parliament in August 2019 and went through a select committee process that received more than 25,000 submissions, as reported by Stuff.
NZ First MPs largely opposed the legislation
Mundt was correct that the bill was decided through a conscience vote and that most NZ First MPs voted against it.
The bill passed its third reading by 68 votes to 51. Seven of NZ First’s nine MPs voted against the bill, while Tracey Martin and Jenny Marcroft supported it.
However, Mundt’s claim that an amendment requiring pain relief for a fetus had been removed from the legislation is incorrect, Stuff has reported.
National MP Agnes Loheni proposed an amendment that would have required a fetus undergoing an abortion after 20 weeks to be under the influence of a “general or local anaesthetic, or an analgesic that is sufficient to prevent the fetus from feeling pain,” as quoted by Stuff.
The amendment was defeated by 76 votes to 43. All nine NZ First MPs, including Winston Peters, voted against it.
Abortion after 20 weeks is subject to additional requirements
New Zealand law does not establish a maximum gestational age at which an abortion can be performed.
However, abortions after 20 weeks are subject to a statutory clinical test. A qualified health practitioner must reasonably believe that the abortion is clinically appropriate and must consult at least one other qualified health practitioner.
Contrary to Mundt’s claim, the second practitioner does not have to agree to or approve the abortion, as reported by Stuff.
Ministry of Health figures show that 17,785 abortions were recorded in New Zealand in 2024. Of those, 15,323, or 86.2 per cent, took place at 10 weeks or earlier. Another 2,298 occurred between 11 and 20 weeks.
Only 164 abortions were recorded after 20 weeks, accounting for less than one per cent of all abortions.
The published data does not provide exact gestational ages beyond 20 weeks, meaning it does not demonstrate that healthy, full-term pregnancies are routinely being terminated immediately before birth, Stuff has reported.
Dr Helen Paterson, senior lecturer and head of the Department of Obstetrics and Gynaecology at the University of Otago, said abortions at advanced gestations could occur, but the circumstances behind such cases were important, as reported by Stuff.
She cited situations involving wanted pregnancies where a fetus had an unsurvivable condition, such as anencephaly.
No evidence of babies being left to die in sluice rooms
There is no evidence that babies born alive following an abortion are currently being left to die in hospital sluice rooms in New Zealand.
The Ministry of Health states that from 22 weeks, best clinical practice is for feticide, an injection to stop the fetal heart, to occur before an abortion. The Ministry has previously said a live birth following an intended abortion is “[very unlikely]”, Stuff has reported.
However, the Ministry acknowledged that such an event could not be considered impossible. If a live birth occurred, appropriate care would be provided in the same way as for any other baby, with treatment determined according to the clinical circumstances and professional standards, in consultation with parents and whānau.
Paterson said there had been historical cases in which fetuses showing signs of life following abortions, or babies unlikely to survive because of extreme prematurity, were taken to sluice or utility rooms.
She said that was no longer considered acceptable medical practice.
“The sluice is not acceptable,” she said. “If you looked back in time and said, ‘Are there times when that’s happened?’ Absolutely. But it has not been considered best practice for many, many years,” as quoted by Stuff.
A baby born alive has the same legal protections
Mundt did not respond to questions about what she meant by babies not being allowed to be “put to sleep once birthed”.
If the statement refers to intentionally ending the life of a baby born alive, that would constitute homicide, Stuff has reported.
A baby born alive following an abortion has the same legal status and protections as any other baby under New Zealand law. Deliberately killing such a child could potentially constitute homicide under the Crimes Act.
Young people can consent to abortion without parental permission
Mundt also claimed school staff could take teenagers for abortions without their parents knowing.
There is some basis to this claim, but not because schools or teachers have special authority under abortion legislation.
Section 38 of the Care of Children Act 2004 provides that a young person’s consent to, or refusal of, an abortion has the same effect as an adult’s consent or refusal. Parental consent is therefore not required.
Abortion care is confidential, and parents or whānau are generally not informed without the young person’s permission, subject to circumstances involving immediate risk of harm or an inability to make an informed decision.
A teacher, counsellor, nurse or another trusted adult could potentially accompany or transport a student at the student’s request, depending on the circumstances and school policies.
However, the law does not give school staff any specific power to remove students from school or arrange abortions.
The right of young people to consent to abortion also existed before the 2020 abortion reforms.
NZ First says Mundt’s views are personal
An NZ First spokesperson said Mundt’s position represented her personal view and that she was entitled to hold it.
“Our party does not support the liberalisation of abortion law, and more importantly, that any changes to this law should go to a referendum for the people to decide as it is a personal and conscience issue.
“We have a variety of views on multiple issues of conscience within our party and we welcome those personal opinions and views.”
The party did not respond to questions about whether it planned to campaign on abortion law or reproductive rights.
Mundt was also given an opportunity to respond to questions about her claims but had not replied by deadline.
NZ First MPs largely opposed the legislation
Mundt was correct that the bill was decided through a conscience vote and that most NZ First MPs voted against it.
The bill passed its third reading by 68 votes to 51. Seven of NZ First’s nine MPs voted against the bill, while Tracey Martin and Jenny Marcroft supported it, Stuff has reported.
However, Mundt’s claim that an amendment requiring pain relief for a fetus had been removed from the legislation is incorrect.
National MP Agnes Loheni proposed an amendment that would have required a fetus undergoing an abortion after 20 weeks to be under the influence of a “general or local anaesthetic, or an analgesic that is sufficient to prevent the fetus from feeling pain,” as quoted by Stuff.
The amendment was defeated by 76 votes to 43. All nine NZ First MPs, including Winston Peters, voted against it.
Abortion after 20 weeks is subject to additional requirements
New Zealand law does not establish a maximum gestational age at which an abortion can be performed.
However, abortions after 20 weeks are subject to a statutory clinical test. A qualified health practitioner must reasonably believe that the abortion is clinically appropriate and must consult at least one other qualified health practitioner, Stuff has reported,
Contrary to Mundt’s claim, the second practitioner does not have to agree to or approve the abortion.
Ministry of Health figures show that 17,785 abortions were recorded in New Zealand in 2024. Of those, 15,323, or 86.2 per cent, took place at 10 weeks or earlier. Another 2,298 occurred between 11 and 20 weeks, as reported. by Stuff.
Only 164 abortions were recorded after 20 weeks, accounting for less than one per cent of all abortions.
The published data does not provide exact gestational ages beyond 20 weeks, meaning it does not demonstrate that healthy, full-term pregnancies are routinely being terminated immediately before birth.
According to Stuff, Dr Helen Paterson, senior lecturer and head of the Department of Obstetrics and Gynaecology at the University of Otago, said abortions at advanced gestations could occur, but the circumstances behind such cases were important.
She cited situations involving wanted pregnancies where a fetus had an unsurvivable condition, such as anencephaly.
No evidence of babies being left to die in sluice rooms
There is no evidence that babies born alive following an abortion are currently being left to die in hospital sluice rooms in New Zealand, Stuff has reported.
The Ministry of Health states that from 22 weeks, best clinical practice is for feticide, an injection to stop the fetal heart, to occur before an abortion. The Ministry has previously said a live birth following an intended abortion is “[very unlikely]”, as reported by Stuff.
However, the Ministry acknowledged that such an event could not be considered impossible. If a live birth occurred, appropriate care would be provided in the same way as for any other baby, with treatment determined according to the clinical circumstances and professional standards, in consultation with parents and whānau.
Paterson said there had been historical cases in which fetuses showing signs of life following abortions, or babies unlikely to survive because of extreme prematurity, were taken to sluice or utility rooms, as reported by Stuff.
She said that was no longer considered acceptable medical practice.
“The sluice is not acceptable,” she said. “If you looked back in time and said, ‘Are there times when that’s happened?’ Absolutely. But it has not been considered best practice for many, many years,” as quoted by Stuff.
A baby born alive has the same legal protections
Mundt did not respond to questions about what she meant by babies not being allowed to be “put to sleep once birthed”, as quoted by Stuff.
If the statement refers to intentionally ending the life of a baby born alive, that would constitute homicide, Stuff has reported.
A baby born alive following an abortion has the same legal status and protections as any other baby under New Zealand law. Deliberately killing such a child could potentially constitute homicide under the Crimes Act, Stuff has reported.
Young people can consent to abortion without parental permission
Mundt also claimed school staff could take teenagers for abortions without their parents knowing.
There is some basis to this claim, but not because schools or teachers have special authority under abortion legislation.
According to Stuff, Section 38 of the Care of Children Act 2004 provides that a young person’s consent to, or refusal of, an abortion has the same effect as an adult’s consent or refusal. Parental consent is therefore not required, as reported by Stuff.
Abortion care is confidential, and parents or whānau are generally not informed without the young person’s permission, subject to circumstances involving immediate risk of harm or an inability to make an informed decision.
A teacher, counsellor, nurse or another trusted adult could potentially accompany or transport a student at the student’s request, depending on the circumstances and school policies, Stuff has reported.
However, the law does not give school staff any specific power to remove students from school or arrange abortions.
The right of young people to consent to abortion also existed before the 2020 abortion reforms.
NZ First says Mundt’s views are personal
An NZ First spokesperson said Mundt’s position represented her personal view and that she was entitled to hold it.
“Our party does not support the liberalisation of abortion law, and more importantly, that any changes to this law should go to a referendum for the people to decide as it is a personal and conscience issu.
“We have a variety of views on multiple issues of conscience within our party and we welcome those personal opinions and views,” as quoted by Stuff.
The party did not respond to questions about whether it planned to campaign on abortion law or reproductive rights.
Mundt was also given an opportunity to respond to questions about her claims but had not replied by deadline.
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