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.

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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 lawHealth and wellbeing > Healthcare services

61: Surgical operations, or

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

62: Excess of force, or

"Using more force than you're allowed to"

Part 3Matters of justification or excuse
Surgical operations

61AFurther provisions relating to surgical operations

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.
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 16 December 1977, by section 2 of the Crimes Amendment Act 1977 (1977 No 113).