Unlike equivalent overseas laws, the New Zealand Act does not require independent witnesses to be present for any stage of the process, not even at the time the lethal dose is injected or taken.
This means that the Act doesn’t protect people who might be vulnerable to coercion, which otherwise could be prevented by the presence of an independent witness.
It also means that the Act lacks a safe level of accountability. Without the presence of an independent witness, there is no way to guarantee that the correct process was followed, that the person was eligible, and that there was no pressure from health professionals or anyone else. The stakes are high: we need to ensure that the law avoids wrongful deaths at all costs.
An amendment needs to be made to the Act so that at least two independent witnesses are required to be physically present in each case. At least two independent witnesses would be required when the person signs the request in front of the doctor, and one independent witness would be required at the time of administering or ingesting the lethal dose. The independent witness at the time of death would need to be present from the time of the competency assessment on the day of death, through to when the final death certificate has been completed. The final independent witness also needs to check, feedback and sign the final doctor's report which is sent to the SCENZ group to ensure it is accurate.
An independent witness needs to be:
18 years of age or over,
Someone who does not currently, or in the future, stand to gain financially or materially from the death of the person,
Someone who is not the owner of, or responsible for, the day-to-day operation of any health facility at which the person is being treated or resides,
Someone who is not directly involved in providing health services or professional care services to the person making the declaration,
Someone who has no connection to the medical practitioner(s) involved in the process.
Not more than one witness may be a family member of the person making the request to die.
Some claim the requirement in the New Zealand Act for a second medical practitioner’s approval in the application process is the equivalent of an independent witness. However the second medical practitioner is not required to meet any of the safety criteria listed above that would qualify them as a truly independent witness, and nor are they required to be present as an independent witness at the time of death. This means that the Act in its current form does not adequately protect vulnerable New Zealanders.
Amend the End of Life Choice Act: Sign the Petition
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