The End of Life Choice Act 2019
The End of Life Choice Act (the Act) came into force on the 7th November 2021. The Act, led by ACT Party leader David Seymour, passed its third reading in Parliament in November 2019 but the final decision was in the hands of the public in a binding referendum in October 2020 where 65.1% voted in favour of the Act.
The Act provides a legal framework for people who are experiencing unbearable suffering from a terminal illness to ask for medical assistance to end their life. This is known in the Act as ‘Assisted Dying’.
Assisted Dying is defined in the Act as the administration of medication to the person by a medical practitioner or nurse practitioner; or the self-administering of medication by the person.
To be eligible for assisted dying, the person must meet all the criteria set out in the Act. A person must therefore be:
Over 18 years of age
A citizen or permanent New Zealand resident
Suffering from a terminal illness which is likely to end their life with 6 months in an advanced state of irreversible decline in physical capability
Experiencing unbearable suffering that cannot be relieved in a manner that the person considers tolerable competent to make an informed decision about assisted dying
A person is not eligible for assisted dying solely because they are suffering from a mental disorder or illness, have a disability or of advanced age.
If a person requests assisted dying, both their doctor and a second, independent doctor must agree that the person is eligible for assisted dying. If either doctor is unsure, a psychiatrist must also assess the person.
A doctor or nurse practitioner can chose not to assist a person with assisted dying, if they have a conscientious objection. If they have a conscientious objection, they must inform the person of their right to ask the Support and Consultation for End of Life in New Zealand (SCENZ) group for the name and contact details of a replacement doctor / nurse practitioner.
Further information on the Act and assisted dying can be accessed from the Ministry of Health website (https://www.health.govt.nz/our-work/life-stages/assisted-dying-service/end-life-choice-act-2019) or from your doctor or nurse practitioner.
This article provides a brief summary of the legislative framework for the Act. It should not be seen as supporting or objecting to the Act or assisted dying.
