End of Life Choice Act 2019

5 Meaning of person who is eligible for assisted dying or eligible person

(1)

In this Act, person who is eligible for assisted dying or eligible person means a person who—

(a)

is aged 18 years or over; and

(b)

is—

(i)

a person who has New Zealand citizenship as provided in the Citizenship Act 1977; or

(ii)

a permanent resident as defined in section 4 of the Immigration Act 2009; and

(c)

suffers from a terminal illness that is likely to end the person’s life within 6 months; and

(d)

is in an advanced state of irreversible decline in physical capability; and

(e)

experiences unbearable suffering that cannot be relieved in a manner that the person considers tolerable; and

(f)

is competent to make an informed decision about assisted dying.

(2)

A person is not a person who is eligible for assisted dying or an eligible person by reason only that the person—

(a)

is suffering from any form of mental disorder or mental illness; or

(b)

has a disability of any kind; or

(c)

is of advanced age.