Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Surgical operations

61A: Further provisions relating to surgical operations

You could also call this:

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

You are protected from being held criminally responsible if you perform a surgical operation on someone, as long as you do it with reasonable care and skill. This protection applies when the person having the operation, or someone who can legally consent on their behalf, has given permission for the operation. The operation also needs to be for a legal purpose.

A surgical operation that makes someone unable to have children (sterile) is considered to be for a legal purpose. This is just one example of a legal purpose for surgery, and there can be other legal reasons too.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328298.

Topics:
Crime and justice > Criminal law
Health and wellbeing > Healthcare services
Previous

61: Surgical operations, or

“This law protects doctors from getting in trouble when they do surgery to help someone, as long as they are careful and the surgery makes sense for the patient.”

Next

62: Excess of force, or

“If you use more force than allowed, you can get in trouble with the law.”

Part 3 Matters of justification or excuse
Surgical operations

61AFurther provisions relating to surgical operations

  1. Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person if the operation is performed with the consent of that person, or of any person lawfully entitled to consent on his or her behalf to the operation, and for a lawful purpose.

  2. Without limiting the term lawful purpose in subsection (1), a surgical operation that is performed for the purpose of rendering the patient sterile is performed for a lawful purpose.

Notes
  • Section 61A: inserted, on , by section 2 of the Crimes Amendment Act 1977 (1977 No 113).