Review of the End of Life Choice Act

Under the legislation, the Ministry of Health must undertake a review of the operation of the Act within 3 years of it coming into force, and every 5 years after that. The Act came into force on 7 November 2021, which means that a review must conclude in November 2024.

There are 2 streams to the review: the review of the operation of the Act, and an online process to gather public opinion on the Act.

The review of the operation of the Act will consider how well the Act is currently operating and achieving its purposes. As part of that, the Ministry of Health will consider whether changes are needed to address:

• the meaning and interpretation of rules or settings in the Act
• the effectiveness of mechanisms in the Act, such as those intended to support access and provide safeguards
• how the Act supports the administration of assisted dying
• the roles and responsibilities of those involved
• alignment of the Act with other pieces of legislation and the wider health system.

The review will not consider changes that would go beyond the purposes and intent of the current Act, such as changes to eligibility settings or providing for the use of advanced directives.

The online process will capture public opinion on any aspect of the Act, including matters that go beyond the operation of the Act.

Each of the 2 processes has a different focus:

• The review of the operation of the Act will draw on input from relevant experts and those with direct experience of the service, to provide advice to Ministers on where areas of the current Act may be improved.
• The online process is an opportunity for the public to provide their views on any aspect related to the Act. These views will then be summarised and provided alongside the advice from the Ministry of Health.

This approach provides for the review of the operation of the Act required by legislation, and for the public to express views that may go beyond the operation of the Act.

The Ministry of Health is carrying out the review. We are the agency responsible for the End of Life Choice Act.

The review will be completed in November 2024.

The feedback received through the online portal will be collated into a report, which will be provided to the Minister of Health. The Minister will table this report in Parliament.

Parties in Parliament can consider this report alongside the report on the operation of the Act, and determine whether to introduce members’ bills to amend the Act.

No. That work will be informed by targeted engagement with groups or individuals who have a role under the Act, who are involved in providing assisted dying services, or who have particular knowledge or expertise related to the Act.

Any changes to the Act will need to be proposed through members’ bills. This means that any proposed changes will be subject to the full parliamentary process, which includes opportunities for public input at select committee.

Providing feedback through an online channel is a common practice in New Zealand, such as for people seeking to provide submissions to select committees. We will ensure that the portal complies with accessibility standards.