Victoria University associate law professor Mamari Stephens says it’s more important to focus on good palliative hospice care, especially for Māori and Pasifika, than on the prospect of assisted death.
In September, New Zealanders will be asked by way of referendum to decide whether they think people have should have the right to seek assisted death.
“Why is it that we are considering as a nation this step when actually, we need more resources into looking after our sick, looking after our elders, looking after those who are going to pass beyond that veil," she asked. "Where is the kōrero about living well?”
In 2019, Parliament passed the End of Life Choice Act, which would legalise assisted dying in cases where individuals have a terminal illness. The upcoming referendum will decide whether it will come into force.
Stephens says the referendum provides no solutions for palliative care.
“Undoubtedly there will be some impact on Māori communities and Pacifika communities and I don’t really want to predict what that’s going to be and I don’t want to be fear-mongering in that way. I just want the focus on where it should, which is what about living our lives well.”
One of her concerns is that it is unknown how people will respond if assisted death becomes legal.
“We don’t know who the vulnerable people are. We don’t know exactly what the connection is, for example, between rates of those who choose to take up assisted dying and whether \that has an impact on those who choose to take their lives in other contexts, she says.
“There’s some research out there that says that’s not the case. There’s other research that suggests there may be a connection between the two.”
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Pasifika group protests End of Life Choice Bill at parliament / Te Ao - April 2019
Tikanga
Stephens says tikanga should also be considered.
“Tikanga is something that is evidently adaptable and tikanga wouldn’t be against assisted dying.”
If enough Māori as a collective wanted assisted death to become legal, then tikanga would need to adapt to that situation, she says.
“The prospect of assisted dying is very much the product of the idea of autonomy. The freest possible choice that the human individual can have is to choose when to end their own life.”
Stephens says assisted death is something that Māori could want for themselves to be the expression of their own mana and rangatiratanga. But there are also concerns for people who are especially vulnerable such as kuia and kaumātua.
“We often see this with our own people and our kaumātua kuia, not just our Pākeha old people but people across the spectrum of our cultures who feel they could be a burden on their whānau. So there can be points in which our older whānau might be encouraged that there is a solution to that burden, shes says.
“It’s about ranging the question to get us to think about the impact that may or may not have for people facing terminal illness.”
Stephens says whether assisted death would lead to a change in culture is yet to be seen.