The End of Life Choice Act takes the opposite approach – providing the choice of assisted dying for those people who want it, while suggesting that those who don't want it can simply say no.
In reality, however, people make choices that are shaped by the available options. The act poses a new, previously unthinkable question to every person who fits the criteria; "Should I?".
It provides the option of lawful assisted death for people who are comfortable, well-supported, autonomous and resolute in their decision, but it offers the same option to vulnerable New Zealanders who fit the criteria and may be far away from good Hospice care, depressed, or have difficult family or financial situations.
While the act states that a person cannot use mental illness as reason to qualify for assisted dying, it doesn't exclude people who have a terminal illness with six months to live and are also suffering from a mental disorder or illness. In so doing, it ignores research that when first diagnosed with a terminal illness most people will struggle with depression (which can be very difficult for doctors to detect). And yet, research also shows that with time and medication this depression and wish to hasten death is treatable and the person can find their joy for life again.
Providing a form of compassion at the end of life might be a goal for the End of Life Choice Act, but this new choice creates an inequality of options for New Zealanders who are vulnerable and lack equal access to good palliative care.
• Danielle van Dalen is a researcher at the Maxim Institute.