Modern Australian
Men's Weekly

.

Assisted dying will become legal in New Zealand in a year — what has to happen now?

  • Written by Jeanne Snelling, Lecturer, University of Otago

The preliminary results of New Zealand’s referendum on the End of Life Choice Act were conclusive. Some 65.2% of voters supported the law coming into force, while 33.8% opposed it.

Although around 480,000 special votes are still to be counted, the margin is so great there is no chance these will alter the final outcome. Consequently, the End of Life Choice Act 2019 will come into force on November 6 2021, one year after the official vote is announced next week.

It will then become lawful to offer assisted dying (AD) to terminally ill individuals who meet the legislation’s eligibility criteria. The delay in the law taking effect provides a 12-month window to implement the necessary arrangements for AD to take place.

One significant issue yet to be determined is whether AD services will be specifically funded, and if so how. The Ministry of Health will need to resolve this over the next year.

In the meantime, what needs to happen next? Immediate priorities for the Director-General of Health under the legislation are:

  • to appoint a Registrar (assisted dying)

  • to establish the Support and Consultation for End of Life in New Zealand (SCENZ) Group

  • to appoint an End of Life Review Committee.

The role of the Registrar (assisted dying)

The Registrar (assisted dying) plays a core role in monitoring and reporting on compliance with the Act. They will also direct any complaints about AD to the appropriate bodies.

The Act, administered by the Ministry of Health, requires adherence to strict regulatory processes. These must be documented in prescribed forms submitted to the Registrar before AD may be performed.

Approving and issuing these prescribed forms falls to the Director-General of Health.

Read more: As NZ votes on euthanasia bill, here is a historical perspective on a 'good death'

What SCENZ will do

Curiously, the Act does not prescribe the composition of the SCENZ Group. It simply requires that the Director-General appoint members with the necessary knowledge and understanding to perform its functions.

The group essentially has two roles:

  • to determine standards of care and advise on the required medical and legal procedures for the administration of medication for AD

  • to provide practical assistance if requested.

The second role is largely administrative and facilitative. SCENZ is required to curate and maintain a list of health practitioners willing to be involved in AD, which includes:

  • doctors willing to act as replacement medical practitioners should a person’s own doctor be unwilling to participate in AD due to conscientious objection

  • medical practitioners willing to provide an independent second opinion on a person’s eligibility for AD

  • psychiatrists willing to provide specialist opinions on a person’s capacity, should either or both the attending or independent medical practitioners not be satisfied that the person requesting AD is competent

  • pharmacists willing to dispense the necessary drugs.

Given these functions, the SCENZ group will presumably be comprised of suitably qualified medical practitioners and pharmacists as well as individuals with knowledge of the relevant law and tikanga Māori, although its final composition remains to be seen.

Read more: Assisted dying referendum: people at the end of their lives say it offers a 'good death'

Compliance and review

The Director-General of Health must also appoint a three-person End of Life Review Committee. This body is tasked with evaluating reports of assisted deaths to determine if the statutory requirements are being complied with. It can refer cases to the Registrar if it is not satisfied.

The Act requires the committee to be comprised of one ethicist and two health practitioners, one of whom must be practising end-of-life care.

people protesting with placards The no vote: an early protest against the assisted dying referendum, outside parliament in 2019. GettyImages

Role of the Medical Council

Given the medical profession will have primary responsibility for providing AD, it’s likely its professional body, the Medical Council of New Zealand, will need to begin formulating and consulting on clinical practice standards for medical practitioners involved in providing or facilitating AD.

While the council publishes generic standards of professional practice, including standards for obtaining informed consent and cultural safety, specific guidance should be developed for AD.

The standards should incorporate the legal obligations imposed on medical practitioners under the Act. These include the prohibition on initiating a discussion of AD with a patient, and the legal obligation to inform a patient of their right to a replacement medical practitioner if their doctor objects to AD.

Read more: In places where it's legal, how many people are ending their lives using euthanasia?

The Medical Council could also provide guidance on clinical practice issues that may arise, including ways of identifying coercion, or how to manage difficult conversations with patients (such as when they are found to be ineligible under the Act).

Objection and obligation

Significantly, the Act doesn’t require health institutions to provide AD services. Hospice New Zealand has already signalled it will not provide AD, as it is contrary to its philosophy “neither to hasten nor to postpone death”.

However, a recent High Court decision notes that although institutions may choose not to provide AD, medical practitioners will still be required to discharge their obligations under the Act — including the obligation to provide information to patients.

Although an organisation may elect not to provide AD, it may employ medical practitioners who are willing to. Provisions will need to be made to enable such practitioners to provide AD outside their own organisation. This is an area that will require careful navigation.

Authors: Jeanne Snelling, Lecturer, University of Otago

Read more https://theconversation.com/assisted-dying-will-become-legal-in-new-zealand-in-a-year-what-has-to-happen-now-149138

How to Save Smart: Cheapest Travel Insurance for Schengen Visa without Cutting Corners

Picture this: you’ve found a last-minute flight to Milan, your hotel booking comes with breakfast and a rooftop view, and your itinerary is ready ...

Keeping Lone and Remote Workers Safe: Employer Duties and Practical Solutions

In Australia, thousands of employees work alone, in remote locations, or in direct contact with the public every day. While these roles are critical...

How Your General Dentist Supports Your Smile Over a Lifetime

A healthy grin is more than just a desirable feature; it reflects overall health, well-being, and self-esteem. Our oral health needs evolve from chi...

A Brighter Smile in Sydney: Expert Cosmetic Dentists and Veneers Solutions

A confident smile can open doors, boost your self-esteem, and leave a lasting impression. In Sydney, more people than ever are turning to cosmetic den...

How To Keep Vase Flowers Fresh Through Australia’s Coldest Months

Winter flowers develop slowly, which gives them stronger structure and longer vase life Heat from indoor environments is the biggest threat to th...

Artificial Intelligence is Powering the Growth of Australian Telehealth Services

Many Australians have traditionally experienced difficulties in accessing timely and quality healthcare, especially those who live in rural or remot...

VR Training in Australia – Customer Service Risk Management

In today’s rapidly evolving workplaces, Australian organisations are turning to immersive learning tools like VR to handle specialised needs such ...

Powering Shepparton’s Businesses: Expert Commercial Electrical Services You Can Count On

When it comes to running a successful business, having reliable, compliant, and efficient electrical systems is non-negotiable. From small retail ou...

Maximise Efficiency: Cleaner Solar Panels for Optimal Performance

Solar panels are a smart investment in energy efficiency, sustainability, and long-term savings—especially here in Cairns, where the tropical sun ...

7 Common Air Conditioner Issues in Melbourne – And How to Fix Them

Image by freepik Living in Melbourne, we all know how unpredictable the weather can be. One moment it’s cold and windy, the next it’s a scorchin...

Powering Palm QLD with Reliable Electrical Solutions

Image by pvproductions on Freepik When it comes to finding a trustworthy electrician Palm QLD locals can count on, the team at East Coast Sparkies s...

The Smart Way to Grow Online: SEO Management Sydney Businesses Can Rely On

If you’re a Sydney-based business owner, you already know the digital space is crowded. But with the right strategy, you don’t need to shout the...

What Your Car Says About You: The Personality Behind the Vehicle

You can tell a lot about someone by the car they drive—or at least, that’s what people think. True Blue Mobile Mechanics reckon the car says a l...

The Confidence Curve: Why Boudoir Photography Is the Empowerment Trend You Didn’t Know You Needed

Boudoir photography has been quietly taking over social feeds, Pinterest boards, and personal milestones—and for good reason. It’s not just abou...

Understanding Level 2 Electricians: Why Sydney Residents Need Licenced Experts for Complex Electrical Work

When it comes to electrical work around the home or business, not all electricians are created equal. In Sydney, particularly when you're dealing wi...

Retirement Anchored in Model Boat Building for Waterford’s Doug Unsold

WATERFORD — When Doug Unsold sees his ship come in, it’s usually one he’s crafted with his own hands. The 67-year-old retiree from Waterford ...

The Science Behind Alarm Clocks and Your Circadian Rhythm

Waking up on time isn’t just about setting an alarm—it’s about working with your body, not against it. At the heart of every restful night and...

How to Use Plants to Create a Calming Atmosphere in Your Home

In today’s fast-paced world, cultivating a calm, soothing environment at home has never been more important. Whether you live in a busy urban apar...