What is Euthanasia?
A death is assisted suicide when a person has received help to end their own life, for example,
to access a deadly dose to swallow or self-administer. It is assisted suicide when the person who
died took the final action that ended their life.
It is euthanasia when someone else takes the final action that ends the person’s life, for
example by administering a lethal injection.
Before the End of life Choice Act, it was legally possible (and still is) to decline treatment even if
death results, to have pain relief even if it were to hasten death as a side-effect, and cease
treatment that is futile and burdensome to the patient and to make the patient comfortable until
they die. Direct killing or facilitating suicide was not allowed.
The Legislation
The End of Life Choice Act was formally enacted on 16 November 2019, and euthanasia and so-
called ‘assisted dying’ came into effect 12 months after the official result of the 2020 referendum, i.e. late 2021. The result of the referendum was declared on 6 November 2020, so Euthanasia and
‘Assisted Suicide’ became a reality from November 2021. Under S. 30, the Act requires a review
within 3 years after commencement of the Act, so we have a review this November 2024 and then at
intervals of not more 5 years.
How did we get here?
The Act was passed into law on 16.11.2019, despite a huge number of submissions against it.
These submissions did help towards some limits being placed which were not in the original
Bill. However, while its promoters made some concessions to get the Bill agreed to, it was
‘just a foot in the door’. The chief promotor of the Bill was reported in the NZ Herald on
7.11.22 as saying that he intended to get it extended in 2024 if he got into Government.
S. 2 (1) of the Act laid down that it would not come into effect unless and until it had been
approved in a referendum and if it were approved it would come into effect 12 months after
the date on which the official result of that referendum was declared. This referendum was
duly held in 2020 in conjunction with the General Election and the result was approval,
despite a public opinion poll showing that many people thought that the new law would
legalise what was already legal such as declining treatment.
The End of Life Choice Act was formally enacted on 16 November 2019, and euthanasia and
so-called ‘assisted dying’ came into effect 12 months after the official result of the 2020
referendum, i.e. late 2021. The result of the referendum was declared on 6 November 2020,
so Euthanasia and ‘Assisted Suicide’ (EAS) became a reality from November 2021. Under S.
30, the Act requires a review within 3 years after commencement of the Act, so we have a
review this November 2024 and then at intervals of not more 5 years.
For excellent lists of points of interest and concern about the Act, you can refer to the
website : www.euthanasiadebate.org.nz
So why be worried about the present law?
- Lack of Safeguards (s.10 is very weak)
- Lack of Oversight
- Issues with Eligibility (s.5)
- Lack of Freedom of Conscience Rights Protection (S. 8, S.9)
- Draconian Secrecy – what are they hiding? (S.36)
- Deception, including falsifying documentation (e.g. Schedule Part 1 – amendment to Coroners Act 2006 inserting S.71 (4) so that ‘self-inflicted’ does not include a death that was the result of assisted dying under the EOLC Act.),
This deception and secrecy suggests that the practitioners of euthanasia and facilitated suicide are ashamed of what they do. So much for progress! - Lack of Independent Witnesses.
A further point is the comparison between witnesses required for some documents relating to disposal of property such as Estates and Wills, and the lack of witnesses required by the End of
Life Choice Act. which involves the infliction of death. In some of the former category of
documents, the witnesses have to be physically present and see each other sign as witnesses,
and in some instances a solicitor is required to witness a signature and certify that the solicitor
has explained the consequences of the document.
In the EOLC procedure, there is a notable lack of independent witnesses required, despite the
issue at stake being that of life or death.
Resources:
You can access the End of Life Choice Act 2019 is at this reference:
End of Life Choice Act 2019 No 67 (as at 28 October 2021), Public Act Contents – New Zealand
Legislation
For excellent lists of points of interest and concern about the Act, you can refer to the website: www.euthanasiadebate.org.nz
www.voiceforlife.org.nz/euthanasia
If you have questions, or want further information, you can email: [email protected]
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