The End of Life Choice Bill allows New Zealand citizens or permanent residents aged 18 or older to request assisted dying, provided that they suffer from a terminal illness that is likely to end their life within 6 months, and are in an advanced state of irreversible decline in physical capability; and experience unbearable suffering that cannot be relieved in a manner that the person considers tolerable; and has the ability to understand the nature of assisted dying; and is competent to make an informed decision.
Process of assisted dying
A person who wishes to have an assisted death, and is eligible under the above criteria, must inform their attending medical practitioner. The medical practitioner must complete a prescribed form after talking to the patient about their illness, the nature of assisted dying, alternative options for end-of-life care, and numerous other matters. Once the request has been confirmed, the patient must sign and date the prescribed form in the presence of the practitioner. Once the form has been completed the attending medical practitioner, and following that an independent medical practitioner, must confirm that the person is eligible for assisted dying. If there is a disagreement between the two practitioners, or if it is recommended by either of the practitioners, a third opinion must be reached by an independent specialist appointed by the SCENZ Group. Following this, the patient requesting assisted dying must choose the medication and method of delivery that will end their life. Once the medication has been administered the attending medical practitioner must complete a prescribed form notifying the registrar at the Ministry of Health that an assisted death has occurred. The registrar must then forward the form to a review committee.
Legislative history
First reading
Justice select committee
Submissions to the Justice select committee regarding the bill ended at midnight on 6 March 2018. The committee reported on the bill on 9 April 2019.
Second reading
12 MPs changed sides between the first and second readings. From Labour, Allan, Russell, Rurawhe, Whaitiri and Wood changed from voting for to voting against, while Williams voted for having previously opposed the bill. From National, Guy, Hipango, Tolley and Walker changed from for to against, while Collins and Yule decided to reverse their opposition. Five National MPs had entered Parliament since the first reading but had no net effect on the result- Willis replaced Joyce which was cancelled out by Bidois replacing Coleman.
The Committee of the Whole House started on 31 July 2019. An amendment by David Seymour that limited eligibility to only those with a terminal illness was agreed to. Other amendments put forward by opponents of the bill were rejected. The End of Life Choice Bill was debated again on 21 August 2019. Parliament voted to accept Seymour's second round of amendments by a vote of 69 to 51. Key amendments include prohibiting a health practitioner from initiating any discussion about assisted dying, giving employment protections for any doctor, nurse, or psychiatrist who objects to taking part in the process on any ground, and a provision for doctors and nurses to stop the process if they suspect any pressure is being applied on the person seeking assisted dying. The amendments by MPs opposed to the bill including National MPs Maggie Barry, Paulo Garcia, Simeon Brown, and Chris Penk were defeated during the debate. Penk's proposal to have tighter provisions against coercion including getting a "sign-off" from a specialist panel was defeated by 71 to 49 votes. MPs also voted 70 to 50 in favour of the End of Life Choice Bill being given a third and final reading later.
Proposed referendum
On 23 October 2019, the New Zealand Parliament voted by a margin of 63 to 57 to amend the End of Life Choice Bill to include a binding referendum on whether euthanasia should be legalised. New Zealand FirstMember of ParliamentJenny Marcroft had sponsored the referendum on the grounds that abortion "directly affected the fabric of society" and that "temporarily empowered politicians... alone should not decide on the bill." In response, Labour Member of Parliament Louisa Wall criticised NZ First for placing MPs who supported the bill but opposed the referendum in an "untenable position." She also accused NZ First of using the proposed referendum as a bargaining chip for securing the party's support for the third reading of the End of Life Choice Bill scheduled for November 2019.
Third reading
On 13 November 2019, the End of Life Choice bill passed its third reading 69 votes in favour and 51 votes opposed. The Bill is being prepared for royal assent. In return for New Zealand First's support of the bill through its third reading, the Bill will be decided by the public in a binding referendum at the 2020 New Zealand general election. The End of Life Choice Bill was also amended to only allow a person with "a terminal illness that is likely to end the person's life within six months" to request euthanasia. While Seymour disagreed with the legislation, he supported the amendment in order to maintain the support of the Green Party and several other MPs for a third reading.
