Assisted dying in New Zealand: how it works

Written by Henry Smith · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-10-20 · Reviewed annually, or sooner if the rules it describes change.

Assisted dying is lawful in New Zealand under the End of Life Choice Act 2019, in force since 6 November 2021. To be eligible a person must be 18 or over, a New Zealand citizen or permanent resident, have a terminal illness likely to end their life within 6 months, be in an advanced state of irreversible decline in physical capability, experience unbearable suffering that cannot be relieved tolerably, and be competent to make an informed decision (End of Life Choice Act 2019, s 5).

This page explains what the Act says, in plain words. It takes no side on the law, and it is general information, not medical, legal or financial advice. If you are asking for yourself or for someone you love, a doctor, nurse or other health practitioner is the right person to talk to, and the person's own wishes come first. Our grief support guide lists places to turn.

Who is eligible, and who is not

All six conditions in s 5(1) must be met. They are:

aged 18 or over;
a New Zealand citizen or a permanent resident;
a terminal illness that is likely to end the person's life within 6 months;
an advanced state of irreversible decline in physical capability;
unbearable suffering that cannot be relieved in a way the person considers tolerable;
competence to make an informed decision about assisted dying.

Competence means the person can understand the relevant information, retain it, use or weigh it as part of the decision, and communicate the decision in some way (s 6).

A person is not eligible by reason only of a mental disorder or mental illness, a disability of any kind, or advanced age (s 5(2)). The words "by reason only" matter: each of these on its own is not enough, and all six conditions must still be met, including a terminal illness likely to end life within 6 months.

Who raises it first?

A health practitioner who provides a health service to a person must not start a discussion about assisted dying or suggest that the person exercise the option (s 10(1)). The person must raise it. The practitioner may discuss it, and give information, at the person's request (s 10(2)). A practitioner with a conscientious objection does not have to assist, but must tell the person and say they can ask the SCENZ Group for a replacement practitioner (ss 8 and 9).

The steps the Act sets out

Step	What happens	Section
1. Request	The person tells their attending medical practitioner. The practitioner gives information on prognosis, the irreversibility, other end-of-life options and the right to stop at any time, and tries to make sure the wish is free from pressure	11
2. Written request	The person signs and dates a form in the attending practitioner's presence, and it goes to the Registrar	12
3. First opinion	The attending practitioner forms an opinion on eligibility	13
4. Second opinion	An independent medical practitioner, whose name comes from the SCENZ Group, reads the records, examines the person and gives an opinion	14
5. Psychiatrist, if needed	If competence is in question, a psychiatrist, again named by the SCENZ Group, gives an opinion on competence	15
6. Date and time	If both opinions agree the person is eligible, they choose a date and time on a form	17, 18
7. Method and arrangements	The person chooses a method; a prescription is written at least 48 hours before; the Registrar checks the process	19
8. The day	The practitioner asks whether the person still wants the medication, and the person can say no	20

Source: End of Life Choice Act 2019, ss 11 to 20, retrieved 20 October 2026. The SCENZ Group is the body the Act sets up to keep lists of practitioners willing to act, so the attending practitioner does not choose them (s 25).

At any point the person can decide not to go ahead, or to take the medication on a later date no more than 6 months after the one first chosen (ss 17 and 20), or rescind the request (s 23). If the practitioner suspects on reasonable grounds that the person is under pressure from someone else, they must take no further action under the Act (s 24). A practitioner must be available until the person dies (s 20(5)), and must report the death to the Registrar within 14 working days (s 21).

The Act's own time points are few: 48 hours before the chosen time for the prescription, up to 6 months for a deferral, and 14 working days for the report. We found no fixed minimum waiting period or total timetable in the sections we read, so how long the process takes depends on the person's illness, the practitioners and the checks.

What can and cannot be set out in advance

A request for assisted dying cannot be made in an advance directive, will, or contract. The Act says that any such provision is invalid; the person must sign the request form (s 33). A welfare guardian has no power to make decisions under the Act (s 34). Our advance directives guide covers what an advance directive can do.

For families: after the death

The death certificate. The Act amends the Burial and Cremation Act so that the medical practitioner or nurse practitioner who was available to the person until they died must give a certificate of cause of death immediately afterwards, unless the coroner has opened an inquiry. See death certificates.
What you can publish. No one may make public the method by which the medication was given, the place it was given, or the name of the person who gave it or their employer. This covers broadcasts, newspapers, books and journals, audio or visual recordings, and internet sites generally accessible to the public, so it reaches death notices in a newspaper or online. Whether a particular social media post falls within the wording is a question for a lawyer. A breach is an offence with fines up to $5,000 for an individual and $20,000 for a body corporate (s 36).
Funeral planning. We found no sourced special rules for funerals after assisted dying. Choices such as burial or cremation and the funeral director's role are the same as for any death, and our funeral planning guide and funeral timeline apply.

What it means for life insurance

Section 35 says a person who dies as a result of assisted dying is, for the purposes of any life insurance contract, taken to have died as if assisted dying had not been provided, and taken to have died from the terminal illness they suffered from. On our reading, an insurer cannot treat the death as suicide. The policy's other terms still apply to the illness. Our assisted dying and life insurance guide covers that in detail.

One consequence matters for anyone with a diagnosis who is thinking of buying cover. Momentum Life's Funeral Insurance has no health questions, but for the first 24 months it pays only for accidental death within 90 days of the accident. A death from the illness is not an accident, so in that window no benefit is paid and all premiums for that person are refunded. Quick Life excludes pre-existing conditions for the first 2 years, and Momentum's own site says it is not available to applicants diagnosed with a terminal illness or in palliative or hospice care (Momentum Life: Quick Life). For an existing policy, read its terms or ask the insurer. For a new one, Funeral Insurance taken out after a terminal diagnosis would pay nothing for a death from that illness in its first 24 months. Setting money aside is an alternative.

Momentum Life and this page

The buttons on this page open Momentum Life's online quote, which will not suit most readers of this page. For the record, Funeral Insurance is issued by Momentum Life Limited, takes New Zealanders aged 40 to 75, and pays a fixed benefit of $3,000 to $30,000 towards costs. Total premiums can end up larger than the benefit, and the benefit may not cover the whole funeral. Quick Life takes ages 18 to 65. Neither is open over 75. Momentum Life Limited's A.M. Best rating is B (Fair), in the "Vulnerable" range; see its financial strength page. The guaranteed acceptance guide and what is funeral insurance set out the trade-offs.

QuoteHub is a Momentum Life partner and Smiths Insurance & KiwiSaver may receive a commission if you buy a Momentum policy; see how we are paid. Advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). Back to what to do when someone dies.

Adviser's view

The Act sets a narrow path with several independent checks, and the person can stop at any point. For families the practical points are less obvious: you cannot publish the method, place or practitioner's name, the death is not treated as suicide for insurance, and a new funeral policy bought after a diagnosis would pay nothing in its first 24 months unless the death was an accident.

Henry Smith, Financial Adviser (FSP1010699). General information, not personalised financial advice.

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Cite this page QuoteHub NZ (2026). Assisted Dying NZ: Eligibility and How It Works. www.quotehub.co.nz/guides/when-someone-dies/assisted-dying-process-nz. Updated 2026-10-20.