End of Life Choice Bill

  • enacted

Schedule Amendments to other enactments

s 28

Part 1Amendments to Acts

Burial and Cremation Act 1964 (1964 No 75)

In section 2(1), definition of certificate of cause of death, replace “or 46C” with “, 46C, or 46CA”.

After section 46C, insert:

46CA Certificate of cause of death in relation to assisted dying

(1)

This section applies if a person dies as a result of the provision of assisted dying under the End of Life Choice Act 2017.

(2)

The medical practitioner or nurse practitioner who was available to the person until the person died must, immediately after the person’s death, give a certificate of cause of death.

(3)

However, a certificate of cause of death must not be given under this section if the coroner has decided to open an inquiry into the death under Part 3 of the Coroners Act 2006.

In section 46D, replace “or 46C” with “46C, or 46CA”.

Coroners Act 2006 (2006 No 38)

After section 13(2), insert:

(2A)

However, subsections (1) and (2) do not apply in any case in which the death was a result of the provision of assisted dying under the End of Life Choice Act 2017.

In section 60(1)(a), after “self-inflicted”, insert “(other than as a result of the provision of assisted dying under the End of Life Choice Act 2017)”.

After section 71(1)(b), insert:

(c)

the death was a result of the provision of assisted dying under the End of Life Choice Act 2017.

After section 71(3), insert:

(4)

In this section, self-inflicted, in relation to a death, does not include a death that was the result of assisted dying under the End of Life Choice Act 2017 (see section 25A of that Act, which restricts making public details of assisted dying deaths).

Crimes Act 1961 (1961 No 43)

In section 41, insert as subsection (2):

(2)

However, a person who knows or has reasonable grounds for believing that a person has requested the option of assisted dying under the End of Life Choice Act 2017 is not justified under subsection (1) in using any force to prevent the person from exercising that option.

(2)

This section is subject to section 26 of the End of Life Choice Act 2017.

In section 48, insert as subsection (2):

(2)

However, a person is not justified under subsection (1) in using any force to defend any other person who is taking any action that they are required or authorised to take under the End of Life Choice Act 2017.

(2)

This section is subject to section 26 of the End of Life Choice Act 2017.

After section 179(3), insert:

(4)

This section is subject to section 26 of the End of Life Choice Act 2017.

Health Act 1956 (1956 No 65)

In section 22B, replace the definition of services with:

services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000, and includes assisted dying services provided under the End of Life Choice Act 2017.

In section 112B, replace the definition of health information with:

health information has the meaning set out in paragraphs (a) and (c) of the definition of that term in section 22B, but does not include information about assisted dying services provided under the End of Life Choice Act 2017.

Health and Disability Commissioner Act 1994 (1994 No 88)

In section 2(1), replace the definition of health consumer with:

health consumer includes—

(a)

any person on or in respect of whom any health care procedure is carried out; and

(b)

any person who, under the End of Life Choice Act 2017, requests to receive assisted dying.

After section 30(b)(i), insert:

(ia)

health consumers who, under the End of Life Choice Act 2017, request to receive assisted dying; and

In section 2(1), definition of health services, replace paragraph (a)(vii) with:

(vii)

diagnostic services:

(viii)

services provided to a person who has requested assisted dying under the End of Life Choice Act 2017; and

New Zealand Public Health and Disability Act 2000 (2000 No 91)

In section 6(1), replace the definition of services with:

services means—

(a)

health services; and

(b)

disability support services; and

(c)

services provided to a person who has requested assisted dying under the End of Life Choice Act 2017

Protection of Personal and Property Rights Act 1988 (1988 No 4)

After section 18(1)(f), insert:

(g)

to request, on behalf of the person, the option of receiving assisted dying under the End of Life Choice Act 2017.

Part 2Amendments to legislative instruments

Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Regulations 1995 (SR 1995/183)

Replace regulation 7(1)(a)(xiii) with:

(xiii)

the cause or causes of the person’s death, subject to subparagraph (xiiia):

(xiiia)

in respect of a person who died as a result of the provision of assisted dying under the End of Life Choice Act 2017, the terminal illness or medical condition that gave rise to the person’s eligibility for assisted dying:

(xiiib)

in respect of a person who died as a result of the provision of assisted dying under the End of Life Choice Act 2017, the fact that the person died as a result of the provision of assisted dying under that Act:

(xiiic)

the interval between the onset of the cause of death and the death, in respect of each cause of death, subject to subparagraph (xiiid):

(xiiid)

in respect of a person who died as a result of the provision of assisted dying under the End of Life Choice Act 2017, the interval between the onset of the terminal illness or medical condition that gave rise to the person’s eligibility for assisted dying and the person’s death by assisted dying:

Cremation Regulations 1973 (SR 1973/154)

In regulation 7(1)(a), replace “or 46C(1)” with “, 46C, or 46CA”.

In Schedule 1, form B, replace “or 46C(1)” with “, 46C, or 46CA”.

In Schedule 1, form B, replace items 6 and 7 with:

6

Did you attend the deceased before the deceased’s death?

If so, for how long? [state how many weeks, months, or years.]

7

If you attended the deceased before the deceased’s death, when did you last see the deceased alive? [state how many hours or days before death.]

In Schedule 1, form B, item 8, delete “Period elapsing between onset of each condition and death (years, months, or days).”

In Schedule 1, form B, replace item 9(a) with:

(a)

immediate cause—the disease, injury, or complication that caused the death, or assisted dying? [specify]

In Schedule 1, form B, replace item 10 with:

10

What was the mode of death if other than by assisted dying? [specify]

In Schedule 1, form B, replace item 14 with:

14

In view of your knowledge of the deceased’s habits and constitution, do you feel any doubt whatever as to the cause of the deceased’s death? [specify]

In Schedule 1, form B, replace the paragraph immediately following item 17 with:

I certify that the answers given above are true and accurate to the best of my knowledge and belief, and that there is no circumstance known to me that can give rise to any suspicion that the death was due wholly or in part to any other cause than that stated that makes it desirable that the body should not be cremated.

Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (SR 1996/78)

In the Schedule, clause 4, replace the definition of services with:

services—

(a)

means—

(i)

health services; and

(ii)

disability services; and

(iii)

the provision of assisted dying under the End of Life Choice Act 2017; and

(b)

includes health care procedures.

In the Schedule, after clause 5, insert:

5A End of Life Choice Act 2017

(1)

This clause sets out how this Code operates with the End of Life Choice Act 2017 (the EOLC Act).

(2)

For Right 4(2) of this Code, contravening section 7(1) of the EOLC Act may be found or held to be providing services that do not comply with relevant legal standards.

(3)

Right 6(1)(b) and (c), and (2) of this Code is overridden by section 7 (assisted dying must not be initiated by health practitioner) of the EOLC Act.

(4)

Right 7(2) to (5) of this Code is overridden by section 4A (meaning of competent to make an informed decision about assisted dying) of the EOLC Act.

(5)

Under clause 5 of this Code (and without limiting that clause), nothing in this Code requires a provider to act in breach of any duty or obligation imposed by the EOLC Act or prevents a provider from doing an act authorised by the EOLC Act.

Health (Retention of Health Information) Regulations 1996 (SR 1996/343)

In regulation 2, replace the definition of services with:

services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000, and includes assisted dying services provided under the End of Life Choice Act 2017.