Crimes Act 1961

Matters of justification or excuse - Surgical operations

61: Surgical operations

You could also call this:

"Doctors are protected by law when they do operations to help people with care and skill."

Illustration for Crimes Act 1961

If you perform a surgical operation on someone, you are protected from getting in trouble with the law. This is because you did the operation to help the person, and you did it with reasonable care and skill. You also made sure it was a reasonable thing to do, considering the person's condition and the situation at the time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328297.


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"Rules for keeping order on ships and planes using reasonable force"


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61A: Further provisions relating to surgical operations, or

"This section explains when doctors can legally perform surgery without getting in trouble."

Part 3Matters of justification or excuse
Surgical operations

61Surgical operations

  1. Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person for his or her benefit, if the performance of the operation was reasonable, having regard to the patient's state at the time and to all the circumstances of the case.

Compare
  • 1908 No 32 s 86(1)