Ministry of Health Unveils Terms of Reference for End of Life Choice Act Review

New Zealand’s Ministry of Health has published the terms of reference for the End of Life Choice Act 2019 Review, clarifying the process’s purpose and intent.

A review of the operations of the Act is required within the first three years of the Act coming into force.  As the Act come into force on 7 November 2021, the Review must be completed in the next few months.  Further reviews will take place every five years.

The End of Life Choice Act 2019 provides the legal framework for adults who are terminally ill and likely to die within six months to request to be killed by their medical or nurse practitioner (euthanasia) or to be prescribed drugs to kill themselves (assisted suicide).

Included in the legislative framework are eligibility criteria, processes, details about the administrative bodies who oversee and monitor euthanasia and assisted suicide, and limited “safeguards” which FLI believe to be seriously flawed.

What will the Review look like?

There will be two aspects to the Review process:

1.     A review of the operation of the End of Life Choice Act.

Groups and individuals will be approached to contribute to this aspect of the Review.  The Ministry of Health is interested in people who have a role under the Act, who are providers of euthanasia and assisted suicide, or who hold particular expertise in the area.

The experiences and feedback of those who have sought euthanasia or assisted suicide and the family members of those who have died in this manner will also be considered.

At the end of the consultation period, the Ministry of Health reviewers will provide a written report to the Minister of Health, Shane Reiti.  Based on the feedback received, the report will include recommended changes to the current Act.

2.     A canvassing of public opinion about the Act via an online portal.

The Ministry of Health has acknowledged that many people hold diverse opinions about the End of Life Choice Act.  Therefore, the public will have an opportunity to express their views about the legislation and its practice online.

Although prompts will be provided for people to respond to, it will be possible to put forward opinions on any aspect of the Act.  The Terms of Reference list three potential areas, which are not exclusive, that people may want to comment on:

• Suggested changes and improvements
• Concerns around the functioning of the Act
• Objections to the Act

The online public consultation form can be accessed here. The deadline for your comments is 5:00pm on Thursday 26 September, 2024.

A report summarising the public’s views will be offered to the Minister of Health after the Review.  However, no recommendations will be made based on this input.

What will the Review of the Operation of the Act cover?

According to the Terms of Reference, the purpose of the Review is to “consider whether the legislation as written is operating effectively and achieving its intended purposes.”

The Ministry provides the following five points to evaluate “how well the Act is achieving its purposes” and if change is required to achieve these ends:

• Increase clarity around the meaning and interpretation of rules or settings in the Act,
• Improve the effectiveness of mechanisms in the Act, Such as those intended to address issues of access and safety,
• Support effective administration of assisted dying,
• Provide clarity around the roles and responsibilities of those involved, and
• Improve alignment of the Act with other relevant pieces of legislation, and the wider health system (including the principles of the Pae Ora (Healthy Futures) Act, 2022).

Quoted from:  Terms of Reference for the Review of the End of Life Choice Act, 2019

What will happen after the Reports are presented to the Minister of Health?

Both reports will be presented to the Minister of Health, who will table them in Parliament.

Significantly, the Government will not revise the End of Life Choice Act due to the reports.

Any changes will need to be proposed through member’s bills, which will go through the usual process of being selected from the ballot, read in the House, and voted on.  If a member’s bill reaches the select committee stage, the public would have further opportunity to express their thoughts and concerns.

If nothing is to happen, is it worth getting involved in the Review?

Yes!  Have your say when the online portal is opened to the public.  Your voice matters!

The review process is seriously problematic as the Ministry of Health the very entity that administers the End of Life Choice Act and is in complete control of reviewing its implementation. This potential for bias in an internal review process is a matter of profound concern.

We question how the Government can monitor fairly and objectively their success or otherwise in ensuring that no pressure was brought to bear on those who were assisted to commit suicide under the Act. Such an evaluation can only be made by an independent entity with no interest whatsoever in the legislation and its implementation, providing the reassurance and confidence that the review process needs.

Everyone who opposes the practice of euthanasia and assisted suicide must keep making their voice heard.  Although this horrendous practice is now legal, we must continue expressing the truth.

It is never morally permissible for a person to take the life of an innocent person, even if it is asked for and even if the person’s suffering is great.  It is also never morally permissible to assist someone in their suicide. 

We must raise our voices in defence of life and truth in our best effort to stop our country following the example of nations like Canada and Belgium, slipping even further into the culture of death at the expense of the vulnerable.