End of Life Choice Act 2019

If you need more information about this Act, please contact the administering agency: Ministry of Health
37 Immunity from criminal liability

(1)

A health practitioner who does all or any of the following is immune from criminal liability under section 179 of the Crimes Act 1961 or any other enactment:

(a)

discusses with a person, at that person’s request and in accordance with sections 10 and 11 of this Act, assisted dying under this Act:

(b)

provides to a person, at that person’s request and in accordance with sections 10 and 11 of this Act, information about assisted dying under this Act:

(c)

gives a person the approved form referred to in section 11(2)(i) of this Act in accordance with section 12(2) of this Act and complies with section 12(5) of this Act:

(d)

takes any other action that this Act authorises or requires them to take in respect of a person who requests to discuss, requests information about, or wishes or requests to exercise the option of receiving, assisted dying under this Act, and who has not yet been advised in accordance with this Act whether the person is a person who is eligible for assisted dying.

(2)

The rest of this section applies if a person (A) is eligible to exercise the option of receiving assisted dying under this Act and wishes or requests to exercise that option.

(3)

A has the right to request to exercise the option of assisted dying under this Act and does not commit an offence under any enactment by exercising that option.

(4)

If another person (B) knows, or has reasonable grounds for believing, that A has requested to exercise the option of assisted dying under this Act, B is not justified—

(a)

in using any force, under section 41 of the Crimes Act 1961, to prevent A from exercising that option; or

(b)

in using any force, under section 48 of the Crimes Act 1961, to defend A from an action being taken in respect of A and that this Act authorises or requires to be taken in respect of A.

(5)

B, or any other person, is immune from criminal liability if B or that person, in good faith and believing on reasonable grounds that A wishes to exercise the option of assisted dying under this Act,—

(a)

takes any action that causes, assists, or facilitates the death of A in accordance with the requirements of this Act (for example, an attending medical practitioner who, under section 20(4)(a), administers medication to A in accordance with the requirements of this Act is immune from liability under the Crimes Act 1961 for the death of A); or

(b)

fails to take any action and that failure causes, assists, or facilitates the death of A in accordance with the requirements of this Act (for example, an attending nurse practitioner who, under section 20(5)(a), is available to A, and takes no action to revive A, is immune from liability under the Crimes Act 1961 for the death of A).

(6)

Subsection (5) applies—

(a)

even if taking that action, or failing to take that action, would, but for subsection (5), constitute an offence under any enactment; and

(b)

notwithstanding section 63 of the Crimes Act 1961.