Abstract ID: 19014

Author: Adam Paterson

Title: HIV and the Work Place in New Zealand

Subject Area/Topic: Living with HIV and the Law in New Zealand

New Zealand aims to protect the lives, health & well-being of all its citizens by ensuring collective and individual safety and responsibility. All people in New Zealand have a legal duty not to endanger the life, health and safety of others. People Living with HIV and AIDS (PLWHA) are specifically required by law to take “reasonable precautions” to avoid transmitting the disease, specifically during sexual activities. These “reasonable precautions” include avoiding specific activities that carry high risk of transmitting HIV re anal or vaginal sex without using a condom. PLWHA also avoid legal liability so long as they inform their sexual partners of their serostatus prior to consensual sex.

If these “reasonable precautions” have been ignored and not used to avoid transmission the PLWHA can be held legally liable and risks prosecution under s145 or s188 (2) of the Crimes Act 1961. Depending on whether transmission of HIV occurred or not imprisonment ranges from up to one year or seven years, respectively.

As of May 2007 there have been many people convicted in New Zealand for not using a condom during high risk activities and not disclosing their positive serostatus to their sexual partner. The first case in 2005 established that through the use of a condom, one avoids criminal liability whether they disclose their positive serostatus or not.

The use of a condom ensures that PLWHA are taking these “reasonable precautions” and protecting their partners from the risk of transmission and infection of HIV. Nonetheless, not disclosing one’s positive serostatus may have negative consequences and PLWHA can be helped with disclosure through support services.