Overview
The Niue Act 1996, contains numerous criminal laws which may theoretically be applicable to HIV transmission, including grievous bodily harm (151), actual bodily harm (152), omissions resulting in bodily harm (153). Section 15 of Niue’s Public Health Act 1965 makes it an offence for a person with a sexually transmissible infection to knowingly infect, or knowingly do an act likely to transmit a sexually transmissible infection, with imprisonment of up to 3 months or a fine.
There have been no known HIV criminalisation cases in Niue to date.
Laws
Niue Act 1996
Section 151 Grievous bodily harm
Every one is liable to imprisonment not exceeding 7 years who wilfully and without lawful justification causes grievous bodily harm to any person.
Section 152 Actual bodily harm
Every one is liable to imprisonment not exceeding 2 years who wilfully and without lawful justification causes grievous bodily harm to any person.
Public Health Act 1965
Section 15 – Infection any person with venereal disease
Every person who knowingly infects any other person with a venereal disease or knowingly does or permits or suffers any act likely to lead to the infection of any other person with any such disease, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding 1 penalty unit.
Acknowledgements
Our thanks to Australian law firm Hall & Wilcox for their research assistance to confirm current relevant legislation.
HIV Justice Network's Positive Destinations
Visit the Niue page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.