Assisted dying is a sensitive topic and may be difficult for some people. If reading this information raises distressing feelings for you, there is support available.

You can call or text 1737 for free to speak to a trained counsellor at any time.

The formal assessment process

The law sets out a formal assessment process for accessing assisted dying in New Zealand. These steps are important to keep the person safe. The steps have to happen in a certain order, and specific forms must be filled out at each step to document the process. 

Each step may be made up of more than one appointment. The doctor involved at each step can visit the person if needed, if they are not well enough to travel. Telehealth appointments (by phone or video call) may be possible for some of these appointments.

Application

The person must make a formal request for assisted dying before a medical practitioner can discuss it.

A person wanting to apply for assisted dying can do this by:

 

Conscientious objection

Medical practitioners are not obliged to provide assisted dying. However, the End Of Life Choice Act 2019 requires medical practitioners with a conscientious objection to tell the person raising assisted dying about their objection. Practitioners must also enable access to assisted dying services by:

  • referring the person to another practitioner who does provide assisted dying services, or
  • provide contact details for the assisted dying service.

The Assisted dying process

Once the request is made, an attending medical practitioner will connect with the person making the request and talk to the person about their options for end of life care.

The attending medical practitioner will also explain that the person can change their mind about assisted dying at any time.

The attending medical practitioner will encourage the person to talk about their choice with their whānau.

The attending medical practitioner may also talk to other health professionals who care for the person, and the person’s whānau (if the person consents to this) to make sure the person is not being pressured into choosing assisted dying.

If the person wants to proceed, they will sign a form. The person can ask someone to sign on their behalf if they are unable to write or sign the form. However, there are specific rules in place as to who you can choose to sign on your behalf. For more information see: Proxy person

The person choosing assisted dying must be present when the form is signed.

First assessment 

The person will be assessed by the attending medical practitioner to make sure they meet the eligibility criteria. This includes checking if the person is competent to make an informed decision and that they are making this choice without pressure from someone else. 

If the person is not eligible, the attending medical practitioner will explain the reason/s why, and make sure the person is supported and has access to other end of life care options.

Independent assessment

If the person is found eligible, the person will be assessed by an independent medical practitioner for the second assessment. This is an important safeguard to make sure a person is clearly eligible for assisted dying. 

This assessment also includes checking whether the person is competent to make an informed decision and that they are making the choice without pressure from someone else.

Competency assessment (if required) 

In some situations, a person will also be seen by a psychiatrist. This will happen if the attending medical practitioner and the independent medical practitioner think the person is eligible, have concerns about whether the person is competent to make an informed decision. 

Other medical practitioners or the person’s family cannot request this assessment.

The psychiatrist will assess the person to make sure they are competent. They will also check if the person is making the choice without pressure from someone else. The psychiatrist will not check other eligibility criteria.

Decision on eligibility 

The attending medical practitioner will talk to the person about the outcome of the second assessment and, if required, the competency assessment. 

If the person is eligible for assisted dying, they can start making plans for their assisted death, including deciding the date and time, and preferred place. 

If the person is not eligible for assisted dying, their attending medical practitioner will explain the reasons, and then make sure the person is supported and has access to other end of life care options.

Compliance check

The last step of the application process is the compliance check, carried out by the Registrar (assisted dying). The Registrar is also part of the team at Manatū Hauora (the Ministry of Health). This is an important safeguard that is outlined in the Act. They check that the processes required by the Act have been complied with before the assisted death can take place.

For more information about the Registrar (assisted dying) and the role of the Ministry, please refer to the Manatū Hauora website here.