Euthanasia in New Zealand

Euthanasia is currently illegal in New Zealand. It is also illegal to "aid and abet suicide" under Section 179 of the New Zealand Crimes Act 1961.[1] The clauses of this act make it an offence to "incite, procure or counsel" and "aid and abet" someone else to commit suicide, regardless of whether a suicide attempt is made or not. Section 179 covers both assisted suicide and true suicide, such as that caused by bullying.

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The controversial book The Peaceful Pill Handbook describing how to perform euthanasia was initially banned in New Zealand. Since May 2008 it has been allowed for sale to readers over eighteen years of age, if it is sealed and an indication of the censorship classification is displayed. In addition, author Philip Nitschke excised a section that dealt specifically with methods of suicide, which might otherwise have fallen afoul of Section 179.[2]

The End of Life Choice Bill passed in parliament 69–51 in November 2019.[3] The matter will be decided at a binding referendum held alongside the 2020 general election.[4]

Advance directive

Patients are able to withhold treatment if it may shorten their life and advance directives are recognised by law.

Right 7 of the Code of Health and Disability Services Consumers' Rights states:[5]

"5) Every consumer may use an advance directive in accordance with the common law."
"7) Every consumer has the right to refuse services and to withdraw consent to services."

This code is enshrined in law under the Health and Disability Commissioner Act 1994.

The New Zealand Medical Association oppose voluntary euthanasia and doctor assisted suicide maintaining that it is unethical to place a burden on the doctors performing the procedure, regardless of whether the patient or relatives wishes to have it carried out.[6]

Public opinion

A survey done by Massey University in 2003 showed that 73% wanted assisted suicide legalised if it was performed by a doctor, but if done by others support dropped to 49%. The wording of the questions were:

"Suppose a person has a painful incurable disease. Do you think that doctors should be allowed by law to end the patient’s life if the patient requests it?"
"Still thinking of that person with a painful incurable disease. Do you think that someone else, like a close relative, should be allowed by law to help end the patient’s life, if the patient requests it?"[7]

A survey carried out on behalf of the Voluntary Euthanasia Society in 2008 showed that 71% of New Zealanders want to have it legalised.[8] The question read:

"In some countries, though not all, if you have an illness that results in your being unable to have an acceptable quality of life, you are legally allowed to get help from a doctor to help you to die. If you had an illness or condition which resulted in your having a quality of life that was totally unacceptable to you, would you like to have the legal right to choose a medically assisted death?"[9]

The 2008 survey by Massey University gave similar results.[9]

In 2015 a 3 News/Reid Research poll showed 71% want the law changed with 24% opposed.[10]

Stance by religious organisations

The Anglican Church in Aotearoa, New Zealand and Polynesia, part of the Anglican Communion is, the second largest church in New Zealand.[11] On 1 February 2016, nine bishops made an oral submission to the Health Select Committee concerning medically assisted dying and Maryan Street's petition. In this submission they reiterated the importance of protecting human life and in conclusion made these three points:

1. New Zealand should not enact legislation that would establish medically-assisted dying as an authorised form of terminating life, thus undermining a fundamental ethical principle. 2. We should take steps to increase resources for palliative care, and the provision of social support for the lonely, ageing and depressed. 3. We should enhance support for families caring for those with terminal illnesses to assist them in understanding what is happening and likely to happen, how to manage stress and grief, and how to build positive relationships with the dying, remembering that dying can be an important last phase of life in resolving conflicts of the past and establishing new relationships of love and care.[12]

The Catholic Church in Aotearoa New Zealand, the largest Christian denomination in New Zealand,[11] is broadly opposed to legalising euthanasia/physician assisted suicide. There are several reasons put forth by the New Zealand Catholic Bishops Bioethics Agency, The Nathaniel Centre, against legalising euthanasia/physician assisted suicide. Firstly, safeguards such as limiting of access to a narrow group of people will not eliminate the possibility of abuses occurring. They say that it is inevitable that when following a liberal philosophy in this instance, boundaries established initially will likely be widened to allow for other interest groups to access euthanasia. Secondly, granting the choice to be killed, or receive aided death will undermine the choice and/or will of many others to live. Thirdly, legalising physician assisted suicide/euthanasia infers acceptance of the notion that 'some suicides are okay'. They say this would undermine work undertaken in recent years by various non-government and government groups to remove the various stigmas associated depression and other mental illnesses that are known to be influencing factors in an individual not seeking treatment, which ultimately leads to some individuals ending their own life. This is particularly so in relation to youth suicide. Finally, broad societal support is given to the ongoing effort within the practice of palliative care to address the needs of the whole patient and their families. They say that legalising euthanasia/physician assisted suicide may hamper progress in supporting quality of life for those who want to live. "The key issue is not compassion or morality—people on both sides of the debate want to prevent intolerable suffering. The key issue is the long-term consequences of a law change for public safety. This is an issue of social justice—protecting the vulnerable."[13]

The Salvation Army opposes euthanasia. They do not see it as "death with dignity" and say that individuals do not have the right to take their own life.[14]

New Zealand anti-abortion/pro-life organisations such as Voice for Life and Right to Life New Zealand are also opposed to decriminalisation of voluntary euthanasia or physician assisted suicide, although this has usually been subordinate to their opposition to abortion in New Zealand.

However, according to the New Zealand census, New Zealand is an increasingly secular society and it is probable that it is medical practitioners organisations that have greater credibility when it comes to opposition to euthanasia law reform. The New Zealand Medical Association and Hospice New Zealand do not support the legalisation of euthanasia.

Attempts at legalisation

Two attempts to allow for legal euthanasia in New Zealand have failed to get through Parliament. In 1995 Michael Laws championed the Death with Dignity Bill, which aimed to legalise voluntary euthanasia. The terminal illness of Cam Campion, a colleague in Laws' first term in Parliament, prompted this advocacy. It failed by 61 votes against and 29 supporting the bill.[15]

Peter Brown, when he was an MP for the New Zealand First political party, introduced a Death with Dignity Bill in 2003, but it was defeated by 60 votes opposing to 58 supporting.[15] Brown became an advocate for euthanasia after his wife died of cancer in 1984.

On 11 March 2012, New Zealand Labour Party list MP Maryan Street announced that she was forwarding another member's bill to the parliamentary ballot box to forward the debate after witnessing the deaths of her mother and sister from incurable illnesses. The proposed legislation was known as the End of Life Choices Bill.[16] By mid-July 2013, there were reports that her party colleagues were requesting that Street withdraw the bill, given the possibility that it would distract from other issues during 2014 General Election campaign.[17]

On 6 June 2015, ACT New Zealand MP David Seymour confirmed that he was preparing a member's bill that would legalise medical aid in dying after Seales v Attorney-General found that only Parliament had the ability to address assisted dying laws.[18] He entered the End of Life Choice Bill into the ballot on 14 October 2015.[19] The bill passed its first reading 76–44 in December 2017, its second reading 70–50 in June 2019,[20][21] and its third reading 69–51 in November 2019.[3] The decision will be made at a binding referendum held alongside the 2020 general election.[4]

Court cases

Lesley Martin
Lesley Martin redirects here. For those of a similar name, see Leslie Martin (disambiguation).

Lesley Martin received nationwide media coverage over the trial of the attempted murder of her mother. In her 2002 book To Die Like A Dog she revealed that she killed her mother due to the pain that she was suffering and was arrested shortly after its release. Martin was given a 15-month sentence[22] of which she served seven and a half months. Martin has since retired from euthanasia reform activism and dissolved Dignity New Zealand.[23]

Sean Davison

In a similar case, professor Sean Davison wrote his memoir, The Last Waltz: Love, Death & Betrayal, published in 2015, documenting the final days of his mother's life in 2006.[24] A leaked copy of an early manuscript of the book revealed that he offered his mother a dose of morphine to help end her life.[25][26] He was initially charged with attempted murder in 2011, but later pleaded guilty to the lesser charge of inciting and procuring suicide. He was sentenced to five months' home detention.[27]

Lecretia Seales

In 2015, lawyer and cancer sufferer Lecretia Seales put a case before the High Court to challenge New Zealand law for her right to die with the assistance of her GP, asking for a declaration that her GP would not risk conviction.[28][29] She died of natural causes shortly after her family had received the judge's decision in Seales v Attorney-General, but before it was made public.[30]

Organisations

For euthanasia The two main organisations lobbying for euthanasia in New Zealand are:

  • the End-Of-Life choice society, (Formerly known as the Voluntary Euthanasia Society)
  • the New Zealand chapter of Exit International

There were internal disagreements between Dignity New Zealand's Lesley Martin and Exit International's Philip Nitschke over the best way to provide voluntary euthanasia/physician assisted suicide for those who desire it. Martin favoured the introduction of legislation and regulation to control assisted suicide while Nitschke promotes autonomy and individual choice and responsibility at the end of life irrespective of existing legislation. Similar divisions occurred between organisations that sanction decriminalised and regulated voluntary euthanasia/physician assisted suicide and the late Jack Kevorkian in the United States, over similar tactical and strategic questions.

Against euthanasia The main organisation lobbying against euthanasia in New Zealand is The Care Alliance, a broad coalition of organisations from medical, family values, social, ethics, faith, disability, and other areas of society that advocates for better conversations around dying and improved access to palliative and other end of life medical and health practices. The Care Alliance members, however, share an understanding that compassionate and ethical end of life care does not include euthanasia and assisted suicide.[31]

The members of The Care Alliance are:

  • Australian & New Zealand Society of Palliative Medicine
  • Christian Medical Fellowship
  • Euthanasia-Free NZ
  • Family First New Zealand
  • Hospice New Zealand
  • Lutherans for Life
  • New Zealand Health Professionals Alliance
  • Not Dead Yet Aotearoa
  • Pacific Leadership Forum
  • Palliative Care Nurses New Zealand
  • The Nathaniel Centre
  • The Salvation Army in New Zealand

Criticism of reform movement

GayNZ.com has run articles that question whether the aforementioned fragmentation of euthanasia reformists, coupled with their lack of professional allies and the opposition of the New Zealand Medical Association and other medical groups will hamper decriminalisation of voluntary euthanasia or assisted suicide in New Zealand. This is based on analysis of the successful reform movements in the Netherlands and Oregon, where organised medical groups took a neutral stance on decriminalisation.[32]

gollark: Okay, that's better. Really need to avoid that.
gollark: Ugh, I say or something too much, hold on.
gollark: When people talk about stuff being detrimental to society it's also typically about more than expected long-run happiness delta but also brings in "degradation of moral fabric" cultural-shift-type issues.
gollark: Well, you seem to be using it as a justification to allow/not allow things.
gollark: Also, I don't think stuff is *generally* regulated based on summing up long term expected happiness change or something? Perhaps it should be, but it's very hard to calculate and runs into problems, and (in my opinion as a libertarian-leaning person) leads to stuff which is "out of scope" of government actions.

See also

References
  1. Butterworth: Crimes Act 1961: Wellington: Lexis/Nexis: 2003
  2. Hastings, W K (2008). Annual Report 2007/08, Peaceful Pill. Wellington: Office of Film and Literature Classification (New Zealand). p. 17.
  3. Henry Cooke (13 November 2019). "MPs vote in favour of End of Life Choice Bill at final reading". Retrieved 13 November 2019.
  4. Cooke, Henry (13 November 2019). "Euthanasia bill passes 69-51, sending the final decision to a referendum". Stuff.co.nz. Retrieved 14 November 2019.
  5. "The HDC Code of Health and Disability Services Consumers' Rights Regulation 1996". Health and Disability Commissioner. Archived from the original on 6 January 2009. Retrieved 17 June 2009.
  6. "A Report on Euthanasia for the NZMA" (PDF). Nzma.org.nz. Retrieved 14 August 2019.
  7. "Massey survey shows support for euthanasia". Massey University. 30 January 2003. Retrieved 17 June 2009.
  8. "Most support voluntary euthanasia: survey". ODT. 3 October 2008. Retrieved 17 June 2009.
  9. "Poll Results". Voluntary Euthanasia Society. Archived from the original on 7 January 2010. Retrieved 17 June 2009.
  10. "Poll: Kiwis want euthanasia legalised". Retrieved 18 January 2016.
  11. "2013 Census QuickStats about culture and identity". Archive.stats.govt.nz. Retrieved 14 August 2019.
  12. "Anglican Taonga : New Zealand's Anglican News Leader". Anglicantaonga.org.nz. Retrieved 14 August 2019.
  13. "Media Releases". Catholic.org.nz. Retrieved 14 August 2019.
  14. "Archived copy". Archived from the original on 24 July 2009. Retrieved 17 June 2009.CS1 maint: archived copy as title (link)
  15. "Assisted dying: New Zealand - New Zealand Parliament". www.parliament.nz. Retrieved 14 November 2019.
  16. "Street in fresh bid for right-to-die law". Stuff.co.nz. Retrieved 14 August 2019.
  17. "Euthanasia bill under party pressure". New Zealand Herald. 17 July 2013.
  18. "Euthanasia debate back on the political agenda". Stuff. 6 June 2015.
  19. Seymour, David. "Seymour lodges assisted dying Bill". Archived from the original on 8 December 2015. Retrieved 4 December 2015.
  20. "Euthanasia bill passes second reading". New Zealand Herald. 26 June 2019. Retrieved 26 June 2019.
  21. "Euthanasia bill passes second reading in Parliament". Radio New Zealand. 26 June 2019. Retrieved 26 June 2019.
  22. Gardiner, James (1 May 2004). "Defiant Martin chooses prison". The New Zealand Herald. Retrieved 17 June 2009.
  23. "How Melulater Sees It: The dignity of life and death - an uncomfortable conversation". howmelulaterseesit.blogspot.co.nz. Retrieved 18 January 2016.
  24. Shepheard, Nicola (3 July 2009). "Plea for 'death with dignity'". New Zealand Herald. Retrieved 5 July 2009.
  25. Shepheard, Nicola (5 July 2009). "Son confesses: I killed my mum". New Zealand Herald. Retrieved 5 July 2009.
  26. "Accused was warned of book's backlash". New Zealand Herald. 26 October 2011. ISSN 1170-0777. Retrieved 25 November 2011.
  27. "Sean Davison "effectively acquitted"". Otago Daily Times. 2 November 2011. Retrieved 2 November 2011.
  28. "Lecretia Seales: Lawyer with cancer embarks on challenge to New Zealand's euthanasia laws". Australian Broadcasting Corporation. Retrieved 5 June 2015.
  29. "Judge thanks woman for right-to-die case". Radio New Zealand. Retrieved 5 June 2015.
  30. "Euthanasia case: Lecretia Seales dies hours after family received judge's decision". The New Zealand Herald. Retrieved 5 June 2015.
  31. "About -". Carealliance.org.nz. Retrieved 14 August 2019.
  32. "Archived copy". Archived from the original on 25 February 2012. Retrieved 10 February 2010.CS1 maint: archived copy as title (link)

Further reading
  • Martin, Lesley (c. 2002). To die like a dog : a mother, a daughter, a promise kept. Wanganui: M-Press. ISBN 0-473-08869-X.
  • "Voluntary euthanasia and New Zealand". New Zealand Parliament. 22 September 2003.
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