The Regulation of Deceased Organ Donation in New Zealand

Abstract

This paper analyses the regulatory framework governing deceased organ donation in New Zealand. In particular, it provides an overview of the reform process that led to the Human Tissue Act 2008. By examining the complex issues that arise in the organ donation context, it seeks to demonstrate that the reform process failed adequately to address the central issue of informed consent. It is argued that this prevented a meaningful reform of the law in this area. The paper draws on select aspects of regulatory theory and analogous legal regimes to lend support to the views expressed herein, and to offer comment on how the reform process could be structured more effectively in the future. In particular, it is argued that increased public participation will be a necessary factor in resolving the informed consent issue. Finally, the paper briefly considers the Financial Assistance for Live Organ Donors Bill that is currently before Parliament. It argues that, while the Bill is meritorious, it is unlikely to have a significant impact on donation rates and that a more constructive course of action would be to address the issues discussed herein.