Reforming the Law of Assisted-Dying in New Zealand: a Legal Framework

Abstract

In this paper, it is argued that there is a need for law reform surrounding the issues of the various types of assisted-dying. It is established that there is a social need for a regulatory scheme to monitor such practices, and that the current legislative framework neglects to do so by making all forms, except passive euthanasia, illegal. The works of Margaret Battin are also considered to determine the philosophical basis for such legalisation. It is established that the arguments against legalisation are insufficient on a moral and legal basis with a focus on individual autonomy and suffering. It is also acknowledged that autonomy does have limits in the form of mental competency and external pressures. It is argued that the Netherlands regulatory system is adequate to meet both the need to enhance individual autonomy, and the need to protect the vulnerable from non-autonomous decision making. References are made to the New Zealand End of Life Bill 2012 and systems in other jurisdictions, including Belgium, which all serve to ascertain that the Netherlands system is superior on both a substantive and procedural level. It is concluded that the Netherlands system should be incorporated into the legislative Framework of New Zealand.