12 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 John Key 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 Wellington 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.