Are there legal measures to prevent abuse of assisted dying?

From 7 November 2021, those over 18 who experience unbearable suffering from a terminal illness can legally ask for medical assistance to end their lives (under the End of Life Choice 2019 Act).

The legislation sets tight controls about who can access the option but the crucial term here is ‘unbearable suffering from a terminal illness’. This means that to be eligible for assisted dying, a person must be already dying; therefore, normal or chronic illnesses or diseases as a result of old age – including depression or dementia – would not meet the requirements. The person wanting to access assisted dying must also be competent to make an informed decision.  

Eligibility for assisted dying is determined via assessments made by two independent doctors. If one or both of these doctors thinks that the person might not be competent to make a decision, a psychiatrist may carry out a third assessment.

If a doctor is unwilling to assist someone in the process, that person has the right to find one who will help. The Support and Consultation for End of Life in New Zealand (SCENZ) Group maintains a list of independent medical practitioner who are willing to provide assisted dying services. Contact the SCENZ Group by calling 0800 223 852 or emailing AssistedDying@health.govt.nz. 

The other important thing to remember is that the decision to receive assisted dying is entirely the person's own. They should never feel pressured by anyone including a friend, family member or health professional. They also have the right to change their mind at any time.

Find out more about the assisted dying process on the Health New Zealand | Te Whatu Ora website.

This information is of a general nature. It is not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose. It is not an alternative to legal advice and does not replace any requirements under any relevant Act, Regulations, Code of Practice, Rule, Standards or Orders. While we have endeavoured to ensure this information is accurate and as useful as possible, we accept no responsibility, loss or liability resulting from the use of this information. We urge you to seek appropriate or professional advice on all issues such as this.