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July 2015 VOLUNTARY EUTHANASIA SOCIETY OF NEW ZEALAND INC Issue 40

LECRETIA SEALES 1973 - 2015 RIP

Rod Emmerson’s cartoon appeared in the NZ Herald on June 6, the day after Lecretia Seales died. I sent a message on behalf of VESNZ complimenting him on it, saying: “You touched the hearts of hundreds if not thousands with this poignant drawing”, and requested his permission to reprint it in this Newsletter. Emmerson replied: “There has been an enormous - positive - response to this cartoon” and sent a high-resolution copy to reproduce at no charge. We thank him. David Barber, Editor. WILL LAW CHANGE BE HER LEGACY?

Lecretia Seales died at the age of 42 just over into the issue of medically assisted dying. four years after her inoperable brain tumour While she failed in a bid to persuade was diagnosed. Her tragic case moved the a High Court judge to let her doctor help nation, undoubtedly helping VESNZ gather her die without fear of prosecution, she 8975 signatures on an historic petition and she managed to work until taking sick leave in leaves a powerful legacy in the shape of the March and did not resign her job until New Zealand Parliament’s first public inquiry Continued on Page 2 End-of-Life Choice Newsletter - for personal stories see www.ves.org.nz/ourstories 43

May 20, being spared the pain and indignity of at their first reading, meaning they were a long period of unendurable suffering. “In the denied committee hearings that would have end, Lecretia was fortunate that her death attracted public submissions. Maryan happened quickly, and that she was cared for Street’s Bill did not reach the debating by some very fine health professionals...” her chamber. husband Matt Vickers said. “Others are not so But there are no illusions about the lucky. Lecretia believed those people should task ahead. The committee is chaired by have choices, and that the law should respect National Party backbencher Simon those choices and not tell competent, rational O’Connor, who is so strongly against adults that they don’t know their own mind.” changing the law that he broke with Sadly, Lecretia, who bravely fronted up convention to spell out his opposition in a in court in a wheelchair when Judge David speech on the Budget the week Lecretia Collins began hearing her case on May 25, Seales went to court. But Maryan Street lived long enough to hear that she had not told the VESNZ annual general meeting: convinced him. In what VESNZ President Dr “He’s a good man,” and expressed Jack Havill described as a “very conservative confidence that he would ensure a full and and narrow interpretation”, the judge held that fair discussion. it was for Parliament, not him, to change the Prime Minister voted for a law that makes helping someone die a criminal law change when Parliament rejected a offence. Death with Dignity Bill by 60 votes to 58 in But he made some significant findings. 2003 and reportedly remains sympathetic, As Matt Vickers noted: “The judgment has but is refusing to put the government’s starkly highlighted that the status quo is far support behind it. He insists it is a from ideal - that people are at risk of intolerable conscience issue to be debated only with a suffering and are at risk of ending their lives private member’s Bill, which makes it a earlier than they would otherwise. Although lottery, subject to being drawn from a ballot we did not get the rulings we sought, the of legislative proposals by backbenchers. judgment is very clear: the law as it is, is Lecretia’s friend and former paternalistic, overly protective and rooted in colleague, Sir Geoffrey Palmer, is far from the past. It is not the law as it ought to be. confident. “It looks to me as if the Through Lecretia’s efforts we now know the government’s approach to this is not to law. So Parliament now knows what has to assist so that it actually won’t go anywhere,” change”. he told the Listener. “I think there is a real Whether MPs take up the challenge danger that this is going to go wrong...” remains to be seen. Maryan Street has Matt Vickers remains hopeful that his dubbed them “Nervous Nellies” for their wife’s legacy will not be wasted. “The eyes reluctance to acknowledge that at least 75% of of the world will be on this select voters favour physician-assisted dying. But committee,” he said. “If they don't do a her former Labour colleague, Iain Lees- good job, they're going to look pretty silly. Galloway, hailed the VESNZ petition seeking a But the fact that there is going to be an public Parliamentary inquiry into the issue a inquiry and fully engage is really promising." “giant step forward for end-of-life choice”. And Matt Vickers said: “We’re putting this down as WHAT LECRETIA SAID a win for Lecretia.” MPs from four parties showed cross- “I do not lack courage. If my death is party support when they turned out on June 23 manageable I should be the one to manage to receive the petition that asks Parliament to it. As my death has become more investigate public attitudes towards a law inevitable, I constantly worry that it could be change allowing medically assisted dying “in slow, unpleasant, painful and undignified. I the event of a terminal illness or an irreversible can deal with the fact that I am going to die, condition which makes life unbearable.” It was but I can’t deal with the thought that I may referred to the Health Select Committee, which have to suffer in a way that is unbearable has undertaken to hold the Parliament’s first- and mortifying for me. I really want to be ever public inquiry into the issue. Two able to say goodbye well.” previous private members’ Bills were defeated Continued on Page 3 2 End-of-Life Choice Newsletter - for personal stories see www.ves.org.nz/ourstories 6512

WHAT THE JUDGE SAID autonomy. "Although Ms Seales has not Judge David Collins accepted that she was obtained the outcome she sought she has not depressed, could not be classified as selflessly provided a forum to clarify vulnerable, and her application was a “rational important aspects of New Zealand law. and intellectually rigorous response to her "The complex legal, philosophical, circumstances. I fully acknowledge that the moral and clinical issues raised by Ms consequences of the law against assisting Seales’ proceedings can only be addressed suicide as it currently stands are extremely by Parliament passing legislation to amend stressing for Ms Seales and that she is the effect of the Crimes Act. I appreciate suffering because that law does not Parliament has shown little desire to accommodate her right to dignity and personal engage in these issues.”

THANK YOU! The VESNZ National Committee extends a the High Court of New Zealand of the very warm thank you to all our members who importance of our views and contribution to donated more than $80,000 to finance our its decision. In addition, the wealth of appearance in the historic Lecretia Seales information from experts around the world – case at the High Court in June. from both sides of the argument – produced Auckland QC Kate Davenport, who we at the hearing is now our property and an retained to represent us at the hearing, told the extremely valuable resource for ongoing AGM in Hamilton on June 20: “It was the start work in Parliament.” of an exciting chapter which we hope will lead Toni brought nine huge folders of to a law change.” files, and an entire box of articles to the Toni Brown, our lawyer committee AGM to show the amount of work involved member who helped her in court, explains how and said it comprised the highest level of important it was that VESNZ was there: “The argument from international experts now in value of our participation as interveners in the our possession to assist in our ongoing Lecretia Seales case cannot be overestimated. work. “Without the valuable contribution by Our involvement meant we were seen by members allowing us to participate in this international media, the New Zealand public case, we would have missed an incredible and, significantly, the politicians as being of opportunity to show the New Zealand public value to the court in that groundbreaking just how important we are to the issue. If we hearing. had not been involved, we would not have "Justice Collins’ permission to the first and front row seat at the next level participate amounted to a full vindication by of debate which is now automatically ours.”

PRESIDENT'S REPORT End-of-Life Choice President Dr Jack Havill he was sympathetic to her situation and writes about a momentous year gave a firm hint to Parliament that it was time to sort out the law. In late 2013 we were disappointed because Our Society supported her case as it Maryan Street had to remove her EOLC Bill had much wider ramifications than her from the Parliamentary Ballot Box. However, personal appeal and we employed since then, various events and developments Auckland QC Kate Davenport, supported by around the world have put our cause national committee member Toni Brown as repeatedly in front of the public, media and instructing lawyer, who donated most of her politicians and it is now firmly back on the time without charge. national agenda. Our intervention cost about $80,000 Lecretia Seales touched hearts across and when we asked you, our members, to the nation with her High Court appeal for donate to stop us going broke, you medical assistance to end her suffering and responded magnificently and met the although it failed the judge made it clear that Continued on page 4 End-of-Life Choice Newsletter - for personal stories see www.ves.org.nz/ourstories 3 4312

expenses almost exactly! from “not a priority” to at least considering Her case gave added impetus to our the issue across party lines. petition to the House of Representatives urging We are hugely encouraged by a full public inquiry into the issue. We were developments overseas. Judges in Canada thanked by Lecretia’s husband Matt Vickers for and South Africa made historic judgements our support and he joined us on June 23 when that denying terminally ill sufferers medical MPs of four of the six parties in Parliament assistance to end their lives breached demonstrated broad political backing by human rights. The Canadian Supreme fronting to receive the nearly 9000 signatures Court instructed legislators to pass enabling you collected. legislation within a year and although the It has been referred to the Health Select federal government prevaricated in the face Committee and Maryan Street will lead us in of an impending general election, the making detailed submissions, using a welter of judgement stands and the country’s doctors information gathered for Lecretia’s hearing. have finally seen the light. Future developments depend on the governing Although an appeal is pending in National Party, but present indications are that South Africa, New Zealander Sean we will have to rely again on a Private Davison, who founded Dignity SA, Member’s Bill being picked from the ballot box. predicted it was unlikely to succeed. The politicians can no longer ignore the issue Legislative processes have begun in Britain and all the above events have created a very and Australia and the Californian favourable environment for serious legislature, fired by the case of brain cancer parliamentary consideration of the issue. The victim Brittany Maynard who left the state to public and media coverage have shown that die in Oregon, also moved forward. there is majority support for the legalisation of We are looking forward to big things. Physician Assisted Dying, and there are signs Thanks to all our members for your the politicians are rapidly changing their tune continued support.

RELIGION AND THE DISABLED Among the many common myths that circulate And in South Africa, Sean Davison about voluntary euthanasia are those that say regretted that the government was all religious people and the disabled are vehemently opposing on religious grounds against it. These views are fostered a judge’s ruling that people have a particularly by reports of the readiness of the constitutional right to be helped to die. Catholic Church in the US to spend millions of Davison said: “One of the government’s dollars on multimedia campaigns to fight bewildering grounds for challenging this moves to legalise medically-assisted dying, ruling is their argument that doctors backed by wheelchair-bound supporters. shouldn’t have to play God by ending a life, Michael Easther, who writes a weekly ignoring the obvious fact that they play God verse for the Waikato Times called Flim Flam, anyway to keep their patients alive.” penned the following ode on the religious VESNZ President, Dr Jack Havill, angle published on June 6: says: “Some Christians may argue that pain and suffering are character building. Euthanasia? If it's my However, I find no place where God or Life were talking about, then I Christian leaders say that futile suffering Must surely have some right to say and pain is to be desired or desirable as Whether it's time to end my day. one approaches death. It seems that every Christian's one "It is important to realise that those Who disapproves of it being done, Christians who argue so strongly against But surely everybody knows VE are in a minority. Christians are active One dies and Heaven's where one goes, in supporting the legalisation of VE in New So one's with God - you can't ask more, Zealand and other countries. As it's what we're all hoping for. "Christian opponents should look If life's unbearable, then I more carefully at their assertions and Should have the choice - to live or die. Continued on page 5 4 End-of-Life Choice Newsletter - for personal stories see www.ves.org.nz/ourstories 4312

consider the biblical basis for them, and also the issues of disability discrimination and consider whether their views are consistent assisted dying is not useful – we should not with the character of God.” deny one right by promoting another. As a As for the disabled, New Zealander staunchly active disabled person, I value Philip Patston, who has cerebral palsy and is equally my right to live and my right to largely confined to a wheelchair, sent the choose to end my life in the case of acute following message to be read on the steps of suffering.” Parliament when the VESNZ petition was And Stephen Hawking, probably the presented on June 23: “Many disabled people world’s best-known person with motor oppose the legalisation of assisted dying, as neurone disease, has said: “To keep they fear it will make people feel obliged to end someone alive against their wishes is the their own lives so as not to be a burden on ultimate indignity.” Hawking said he would family, friends, and society. consider (though not yet: "I strongly disagree – disabled people he has too much physics still to do). And a can also suffer from terminal illnesses and poll in Canada found a majority of disabled deserve the same rights to dignity and people in favour of a Bill to legalise autonomy as non-disabled people. Conflating medically assisted dying.

AROUND THE WORLD More than half the people in 13 of 15 countries http://www.economist.com/news/briefing/2165612 surveyed in an Ipsos Mori poll for the The 2-campaigns-let-doctors-help-suffering-and- terminally-ill-die-are-gathering-momentum Economist magazine in June favoured doctor- assisted dying. The magazine concluded in CANADA an editorial on June 27: “Competent adults are The Canadian Medical Association - long allowed to make other momentous, opposed to euthanasia - has produced draft irrevocable choices: to undergo a sex change assisted dying protocols that include lethal or to have an abortion. People deserve the injection, apparently frustrated by the federal same control over their own death. Instead of government's failure to pass a new law as dying in intensive care under bright lights and directed by the Supreme Court (see among strangers, people should be able to Newsletter Issue 39). The proposal calls for end their lives when they are ready, several cooling off periods and requires two surrounded by those they love.” oral requests, at least 15 days apart, The poll showed that not only were followed seven days later by a completed large majorities in favour in Belgium and the written request. Two doctors would have to Netherlands, where doctor-assisted dying is agree the person is competent, acting legal, but also in France and Spain, where it is voluntarily and has made an informed not and the Catholic influence is strong. decision. The draft framework goes to Majorities in most places favoured allowing CMA's annual general council meeting in physician-assisted dying for those with August. The Supreme Court ruled in physical conditions causing unbearable February that criminalising assisted dying suffering. But only Belgium and the violated Canadians’ human rights and Netherlands continued to support it for mental ordered legislators to change the law in 12 suffering, and few were willing to allow it for months. But the government said a general terminally ill under-18s. election in October ruled out that deadline. The Economist said everywhere except SOUTH AFRICA Germany, where the Nazis’ euthanasia On April 30, South African Judge Hans programme had shaped the debate about Fabricius ruled that denying a terminally ill assisted dying, respondents were keener on patient’s request to be helped to die doctors administering lethal drugs than leaving infringed human rights guaranteed under the people to take the drugs themselves. Full national constitution. He granted an appeal details: by cancer victim lawyer, Robin Stransham- http://www.economist.com/news/leaders/21656182- Ford, for an assisted death by lethal doctors-should-be-allowed-help-suffering-and- injection, but he died before he was able to terminally-ill-die-when-they-choose Continued on page 6 End-of-Life Choice Newsletter - for personal stories see www.ves.org.nz/ourstories 5 43

exercise his right. case to a scientific committee with a medical Although the decision applied only to the expert, lawyer and mental-health professional applicant, it set a legal precedent and DignitySA for approval. head Sean Davison said: “The judge ruled that there is a basic human with dignity. THE NETHERLANDS Any terminally ill person can now expect to get In a precedent-setting extension of the the same ruling from the court. As with other Netherlands’ euthanasia laws, a Dutch democratic countries, our parliament is guided by appeals court cleared a man on May 27 of the courts, and our parliament will be obliged to any criminal responsibility for helping his 99- change the law. The government opposed his year-old mother take her own life. While request, claiming the constitution protected his physician-assisted dying has been legal right to life, but the judge said that right was under strict conditions in the Netherlands for given up in the case of war and abortion and years, helping a friend or relative commit people were entitled to waive their rights to life suicide remains a crime. But judges in and death. The judge also commented on the Arnhem said Albert Heringa should not have irony of their challenging a rational man’s request been prosecuted for helping his mother die in for a dignified death in light of the fact that they 2008 by giving her enough pills for a fatal can’t bring under control the horrendous number overdose. A written judgement said Heringa of killings in the country” . had to decide between obeying the law against assisting suicide and his "unwritten BRITAIN moral duty" to help his mother achieve her Assisted dying will be debated in the House of wish for "a painless, peaceful and dignified Commons in September after a private member’s death". The judges said he "could not lean Bill drafted by opposition Labour backbencher, back and do nothing, while watching her Rob Marris (Wolverhampton South-West), suffer. This would have caused him life-long topped the first ballot of the new parliament feelings of guilt." The judgement overturned elected in May. It will essentially be the same as a lower court's conviction in 2013 for assisting Lord Charles Falconer’s Assisted Dying Bill his mother’s suicide. Although the court did which was supported by nearly two-thirds of not impose a punishment at the time, Heringa peers in the Lords last year, but ran out of time appealed his conviction to test the law. for a final reading before the election. A poll published in April found 82% of UNITED STATES people surveyed want a law change and Marris Since 1973 Gallup polls have found majorities said: “The public are clearly in favour and it is in favour of legal doctor-assisted dying across right that Parliament now debates this issue.” America, but law changes have been slow. Marris said the Commons had not voted on the Currently Bills and legal cases are in progress issue since 1997 and conceded prospects of a in about 20 states. The California Medical law change were difficult without government Association dropped its 30-year opposition on support. May 21 and, two weeks later, the state Senate voted 23-14 in favour of a bill COLOMBIA modelled on the ground-breaking Oregon law. Ovidio Gonzalez, 79, who suffered incurable If it passes, California would become the sixth throat cancer, became on July 3 the first person American state to allow physicians to help the in Colombia to have his life ended by a physician terminally ill die without fear of prosecution. with the full backing of the government. His But similar bills have failed several death followed a Health Ministry decree in April times in California, and this one must still get setting out regulatory guidelines ending an 18- through the state assembly and be signed by year period of legal limbo since the Constitutional Governor Jerry Brown (a Catholic who once Court directed that doctors should not be considered becoming a priest) before prosecuted for “mercy killings”. The government September 11. ignored the court’s 1997 direction to pass a law In Oregon, 155 terminally-ill adults regulating physician-assisted dying and reports received a prescription for lethal medication said most assisted suicides were performed last year and 105 of them (67.7%) took the semi-clandestinely by doctors in patients' homes. pills to die peacefully. This corresponds to 31 The guidelines require all hospitals to form Death with Dignity Act (DWDA) deaths per medical committees to evaluate a patient's 10,000 total deaths in the state, or 0.3%. request for euthanasia and doctors must advise Since 1998, 1327 patients have received the all available treatment options and present the Continued on page 7 6 End-of-Life Choice Newsletter - for personal stories see www.ves.org.nz/ourstories 65

prescription, of whom 859 (64.7%) ingested it time we debated euthanasia again in our and died. legislatures. There is clearly strong support, among a large section of the public at least, AUSTRALIA to legalise assisted suicide.” The upper house of Victoria’s state parliament voted on May 7 for an inquiry into voluntary LUXEMBOURG euthanasia by the legal and social issues In Luxembourg, a commission charged with committee. The committee is to report its monitoring the implementation of the 2009 findings by next May. The Northern Territory and euthanasia law reported in April that no the Australian Capital Territory introduced laws abuses had been detected and that all allowing voluntary euthanasia in the 1990s. Both procedures were carried out within the legal were short-lived before being nullified by the framework. The number of patients seeking federal parliament. euthanasia has remained stable, with 15 The Canberra Times said in an editorial recorded in the two years 2013/14, and 14 in on May 31: “...most parliamentarians have been the previous two years. Most were terminal reluctant to tackle this difficult issue. Yet it's past cancer patients.

OBITUARY Jack Jones VESNZ sadly records the death on May 22 of Jack Jones, a long-standing member of Auckland branch and a tireless worker for the cause of voluntary euthanasia. He was a member of the Rationalist Society in Auckland when it joined the Humanist Society in jointly sponsoring a visit by Derek Humphry, a leading campaigner for assisted dying in Britain and the United States. Jack began working for the cause from then on, with the Auckland Voluntary Euthanasia Society being incorporated in 1979. He was President of that organisation when it merged with the Wellington society in October 2004. He always stressed that the Society was not about euthanasia per se, but "voluntary" with safeguards and was ever hopeful that a law would be passed. VESNZ secretary Carole Sweney said: “We’ll continue the effort to get the legislation through. It’s people like Jack who set a firm base to work with. It will happen.” Rest in peace, Jack.

OFFICERS RE-ELECTED

VESNZ officers were all re-elected unanimously at the Annual General Meeting in Hamilton on June 20. For the record, they are: President Dr Jack Havill Secretary Carole Sweney Treasurer Peter Cowley National Membership Secretary John Titchener Newsletter editor David Barber

BRANCH EVENTS

Auckland Saturday 19 September, 1pm - Fickling Convention Centre, 546 Mt Albert Road, Three Kings. Speaker: Phillipa Malpas, senior lecturer in Clinical Medical Ethics, Faculty of Health and Medical Science, Auckland University.

Bay of Plenty AGM on Friday 24 July, 10am - Vintage Car Club, 29 Cliff Rd, Tauranga.

Christchurch Sunday 1 November, 12.30-2.30pm - South Learning Centre, 66 Colombo Street, Christchurch. Dr Jack Havill, President of EOLC, will talk to members and friends.

Wellington Spring meeting on Saturday 17 October, 2pm - St Andrews on the Terrace, Wellington. Agenda to be advised.

End-of-Life Choice Newsletter - for personal stories see www.ves.org.nz/ourstories 7 CONTACT US Eileen Howarth, Administrative Officer CENTRAL OFFICE PO Box 89 046, Torbay, Auckland 0742 Phone 09 215 4964 Email [email protected]

BRANCHES

Auckland PO Box 66 093, Beach Haven, Auckland 0749 Phone 09 630 7035 Email [email protected]

Kapiti PO Box 224, Waikanae 5250 Horowhenua Phone 04 904 9449 Email [email protected]

Bay of Plenty 31 The Strand, Tauranga 3110 Phone 07 578 6324 Email [email protected]

Waikato PO Box 19 353, Hamilton 3244 Phone 07 843 6077 Email [email protected]

Wellington PO Box 31 360, Lower Hutt 5010 Phone 04 566 4893 Email [email protected]

Twitter@EndOfLifeChoice Newsletter Editor: David Barber YOUR FINAL WISH - MAKING A BEQUEST Bequests are vital to the survival of any non-profit organisation. Bequests provide ongoing funding streams. And make it possible to create long-term plans. Bequests are the cornerstones of non-profit organisations, like End of Life Choice, because they provide stability. If you can hear yourself saying, "This is what I support, and I want this issue to be important even after I'm gone" then please consider making End of Life Choice a beneficiary of your will by creating a bequest. Ours is a unique issue, one in which our most ardent supporters might not be with us for long. Our fiercest opponents might later turn to us for help. Please take the step to support End-of-Life rights in your will. DONATIONS AND CONTRIBUTIONS You can make a contribution in any amount of your choice - in single, monthly, or yearly donations. Payments can be made by cheque, mailed to PO Box 89 046, Torbay, Auckland 0742 or Directly into our bank account ANZ 01 0527 0085629 00 (be sure to include your NAME and "DONATION" in the bank details). Your donations help us to continue the expansion of our work and help us continue to work for your right to make decisions for your End-of-Life Choice. GUIDE TO DYING - YOUR WAY End-of-Life Choice has teamed with medical and legal experts to assemble a comprehensive step-by-step guide to help you create an Advance Directive that reflects your wishes. It also contains information on choosing an Agent, someone you entrust to ensure your wishes are carried out. It answers important questions you may have about writing an Advance Directive, which meets your personal wishes, it offers tips for relief of pain and suffering, the legality of an Advance Directive in New Zealand, and keeping your Advance Directive up to date. Order your Guide and Advance Directive today 1 An instantly downloadable PDF (WHICH YOU PRINT YOURSELF) From the website http://www.ves.org.nz Credit card payment of $20.00 2 A printed and bound booklet, which will be posted to you within ten days Email office @ves.org.nz Mail PO Box 89 046, Torbay, Auckland 0742 Payment by personal cheque or direct debit of $27.00 (Include YOUR NAME and "GUIDE" on your direct payment details) 8 End-of-Life Choice Newsletter - for personal stories see www.ves.org.nz/ourstories