Voluntary Euthanasia - The Law in New Zealand


In New Zealand, passive euthanasia is quite legal. A clause in our Bill of Rights Act 1990 gives an unambiguous right to refuse medical treatment. Our Code of Health Consumers' Rights confirms that statutory right and also enshrines in law the use of an appropriate Advance Directive. It goes even further, in that Advance Directives do not necessarily have to be in writing. In emergencies an oral directive has an equal effect.

Active euthanasia is still illegal. Also, aiding, abetting or in any way assisting suicide is illegal and subject to heavy penalties. However, our experience is that it is difficult to obtain a conviction for these offences where it is obvious that the accused did not stand to gain. Where a conviction is brought in by a jury, the Courts seem to be inclined to take a lenient view when handing down sentences.