to give persons who have a terminal illness and who meet certain criteria the option of lawfully requesting medical assistance to end their lives; and

to establish a lawful process for assisting eligible persons who exercise that option.

is aged 18 years or over; and

is—

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

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

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

is competent to make an informed decision about assisted dying.

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

has a disability of any kind; or

is of advanced age.

understand information about the nature of assisted dying that is relevant to the decision; and

retain that information to the extent necessary to make the decision; and

use or weigh that information as part of the process of making the decision; and

communicate the decision in some way.

applies despite any legal obligation to which the health practitioner is subject, regardless of how the legal obligation arises; but

does not apply to the obligation in section 9(2).

deny to an employee any employment, accommodation, goods, service, right, title, privilege, or benefit merely because the employee objects on the grounds of conscience to providing any assistance referred to in subsection (1); or

provide or grant to an employee any employment, accommodation, goods, service, right, title, privilege, or benefit conditional upon the employee providing or agreeing to provide any assistance referred to in subsection (1).

a person informs the attending medical practitioner under section 11(1) that they wish to exercise the option of receiving assisted dying; and

the attending medical practitioner has a conscientious objection to providing that option to the person.

of their conscientious objection; and

of the person’s right to ask the SCENZ Group for the name and contact details of a replacement medical practitioner.

initiate any discussion with the person that, in substance, is about assisted dying under this Act; or

make any suggestion to the person that, in substance, is a suggestion that the person exercise the option of receiving assisted dying under this Act.

discussing with a person, at that person’s request, assisted dying under this Act; or

providing information to a person, at that person’s request, about assisted dying under this Act.

is not to be treated as having committed an offence under section 39(1); but

may under the Health and Disability Commissioner Act 1994 be found by the Health and Disability Commissioner or held by the Human Rights Review Tribunal to have acted in breach of the Code of Health and Disability Services Consumers’ Rights by providing services that do not comply with relevant legal standards; and

may be the subject of disciplinary proceedings for professional misconduct under the Health Practitioners Competence Assurance Act 2003.

give the person the following information:

personally communicate by any means (for example, by telephone or electronic communication) with the person about the person’s wish at intervals determined by the progress of the person’s terminal illness; and

ensure that the person understands their other options for end-of-life care; and

ensure that the person knows that they can decide at any time before the administration of the medication not to receive the medication; and

encourage the person to discuss their wish with others such as family, friends, and counsellors; and

ensure that the person knows that they are not obliged to discuss their wish with anyone; and

ensure that the person has had the opportunity to discuss their wish with those whom they choose; and

do their best to ensure that the person expresses their wish free from pressure from any other person by—

record the actions they have taken to comply with paragraphs (a) to (h) in the first part of the approved form that requests the option of receiving assisted dying.

sign and date the second part of the form; or

be present when the second part of the form is signed and dated as described in subsection (4).

A cannot write for any reason; and

A requests B to sign and date it; and

B notes on the form that they signed the second part of the form in the presence of A; and

B confirms on the form that B is not—

be present when—

collect the form; and

send the completed form to the Registrar.

the person requesting the option of receiving assisted dying is a person who is eligible for assisted dying; or

the person requesting the option of receiving assisted dying is not a person who is eligible for assisted dying; or

the person requesting the option of receiving assisted dying would be a person who is eligible for assisted dying if it were established under section 15 that the person was competent to make an informed decision about assisted dying.

complete an approved form recording their opinion; and

send the completed form to the Registrar.

ask the SCENZ Group for the name and contact details of an independent medical practitioner; and

ask the independent medical practitioner for their opinion on whether the person requesting the option of receiving assisted dying is a person who is eligible for assisted dying.

read the person’s medical files; and

examine the person; and

reach the opinion that—

complete an approved form recording their opinion; and

send the completed form to the Registrar; and

send a copy of the completed form to the attending medical practitioner.

the following situation exists:

the following situation exists:

the following situation exists:

ask the SCENZ Group for the name and contact details of a psychiatrist; and

ask the psychiatrist for their opinion on whether the person requesting the option of receiving assisted dying is competent to make an informed decision about assisted dying.

read the person’s medical files; and

examine the person; and

reach the opinion that—

complete an approved form recording their opinion; and

send the completed form to the Registrar; and

send a copy of the completed form to—

the independent medical practitioner reaches the opinion described in section 14(3)(c)(ii); or

the following situation exists:

complete an approved form recording the actions taken to comply with subsection (2) or (4); and

send the completed form to the Registrar.

the following situation exists:

the following situation exists:

advise the person requesting the option of receiving assisted dying that the person is a person who is eligible for assisted dying; and

discuss with the person the progress of the person’s terminal illness; and

discuss with the person the likely timing for the administration of the medication; and

give the person an approved form for the person to complete by choosing the date and time for the administration of the medication; and

advise the person that at any time after completing the approved form referred to in paragraph (d) the person may decide—

complete an approved form recording the actions taken to comply with subsection (2); and

send the completed form to the Registrar.

complete the approved form referred to in section 17(2)(d); and

return the completed form to the attending medical practitioner.

the eligible person must complete a new approved form to replace the form initially or most recently completed under section 17(2)(d) (a replacement form); and

references in sections 19 and 20 to the date chosen or chosen time are references to the date and time chosen in the replacement form.

advise the person about the following methods for the administration of the medication:

ask the person to choose one of the methods; and

ensure that the person knows that they can decide, at any time before the administration of the medication, not to receive the medication or to receive the medication at a time on a later date that is not more than 6 months after the date initially chosen for the administration of the medication; and

make provisional arrangements for the administration of the medication on the chosen day and time.

write the appropriate prescription for the eligible person; and

advise the Registrar of the method and of the date and time chosen for the administration of the medication.

to receive the medication at that time; or

not to receive the medication at that time, but to receive the medication at a time on a later date that is not more than 6 months after the date initially chosen for the administration of the medication; or

not to receive the medication at that time, and to rescind their request to exercise the option of assisted dying.

immediately take the medication away from the eligible person; and

complete an approved form recording the action taken to comply with paragraph (a); and

send the completed form to the Registrar.

provide the medication to the person, for administration by either of the methods described in section 19(2)(a)(i) and (ii); or

administer the medication by either of the methods described in section 19(2)(a)(iii) and (iv).

be available to the eligible person until the person dies; or

arrange for another medical practitioner or attending nurse practitioner to be available to the person until the eligible person dies.

is in the same room or area as the person; or

is not in the same room or area as the person but is in close proximity to the person.

the name of the attending medical practitioner or attending nurse practitioner; and

the person’s name; and

the person’s last known address; and

the fact that the person has died; and

which of the methods described in section 19(2)(a) was used; and

a description of the administration of the medication; and

whether any problem arose in the administration of the medication and, if so, how it was dealt with; and

the place where the person died; and

the date and time when the person died; and

the name of the medical practitioner or nurse practitioner who was available to the person until the person died; and

the names of any other health practitioners who were present when the person died.

an attending medical practitioner, or an attending nurse practitioner, holds a prescription written under section 19(3)(a); and

the medication is no longer required.

immediately destroy the prescription; and

complete an approved form recording the action taken to comply with paragraph (a); and

send the completed form to the Registrar.

complete an approved form recording that the person has rescinded their request; and

send the completed form to the Registrar; and

take no further action in respect of the person’s request (other than under section 22, if applicable).

take no further action under this Act to assist the person in exercising the option of receiving assisted dying; and

tell the person that they are taking no further action under this Act to assist the person in exercising the option of receiving assisted dying; and

complete an approved form recording—

send the form completed under paragraph (c) to the Registrar.

to make and maintain a list of medical practitioners who are willing to act for the purposes of this Act as—

to provide a name and contact details from the list maintained under paragraph (a), when this Act requires the use of a replacement medical practitioner or independent medical practitioner, in a way that ensures that the attending medical practitioner does not choose the replacement medical practitioner or independent medical practitioner:

to make and maintain a list of health practitioners who are willing to act for the purposes of this Act as psychiatrists:

to provide a name and contact details from the list maintained under paragraph (c), when this Act requires the use of a psychiatrist, in a way that ensures that neither the attending medical practitioner nor the independent medical practitioner chooses the psychiatrist:

to make and maintain a list of pharmacists who are willing to dispense medication for the purposes of section 20:

to provide a name and contact details from the list maintained under paragraph (e) when section 20 is to be applied:

in relation to the administration of medication under section 20,—

a medical ethicist; and

2 health practitioners, one of whom must be a medical practitioner who practises in the area of end-of-life care.

to consider reports sent to it under section 21(3) (assisted death reports); and

to report to the Registrar whether it considers that the information contained in an assisted death report shows satisfactory compliance with the requirements of this Act; and

to direct the Registrar to follow up on any information contained in an assisted death report that the Review Committee considers does not show satisfactory compliance with the requirements of this Act.

approved forms held by the Registrar; and

the Review Committee’s reports to the Registrar; and

the Registrar’s reports to the Minister.

before establishing the register; and

at regular intervals while maintaining the register.

the Health and Disability Commissioner, if it appears that the complaint alleges that the conduct of the health practitioner is, or appears to be, in breach of the Code of Health and Disability Services Consumers’ Rights; or

the appropriate authority, if it appears that the complaint relates to a health practitioner’s competence, fitness to practise, or conduct; or

the New Zealand Police.

the total number of deaths occurring under section 20:

the number of deaths occurring through each of the methods described in section 19(2)(a):

the number of complaints received about breaches of this Act:

how those complaints were dealt with:

any other matter relating to the operation of this Act that the Registrar thinks appropriate.

the Health and Disability Commissioner; and

an authority; and

the New Zealand Police.

review the operation of this Act; and

consider whether any amendments to this Act or any other enactment are necessary or desirable; and

report on its findings to the Minister.

refuse to receive nutrition:

refuse to receive hydration:

refuse to receive life-sustaining medical treatment.

taken to have died as if assisted dying had not been provided; and

taken to have died from the terminal illness referred to in section 5(1)(c) from which they suffered.

the method by which the medication was administered to the deceased:

the place where the medication was administered to the deceased:

the name of the person who administered the medication to the deceased, or the name of that person’s employer.

to a fine not exceeding $20,000, in the case of a body corporate:

to a fine not exceeding $5,000, in any other case.

broadcasting (within the meaning of the Broadcasting Act 1989); or

a newspaper (within the meaning of the Defamation Act 1992); or

a book, journal, magazine, newsletter, or other similar document; or

an audio or a visual recording; or

an Internet site that is generally accessible to the public, or some other similar electronic means.

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:

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:

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:

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.

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

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.

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

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).

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

notwithstanding section 63 of the Crimes Act 1961.

takes any action that assists or facilitates the death of B in accordance with the requirements of this Act; or

fails to take any action and that failure assists or facilitates the death of B in accordance with the requirements of this Act.

bring disciplinary proceedings against a health practitioner under the Health Practitioners Competence Assurance Act 2003; or

bring proceedings under section 50 or 51 of the Health and Disability Commissioner Act 1994; or

apply for judicial review.

completes or partially completes an approved form for any other person without that other person’s consent; or

alters or destroys a completed or partially completed approved form without the consent of the person who completed or partially completed the form.

imprisonment for a term not exceeding 3 months:

a fine not exceeding $10,000.