Seales v Attorney-General - [2015] 3 NZLR 556

Judicial review — Declaratory judgment — Applications for declarations concerning meaning of ss 160 and 179 of Crimes Act 1961 — Whether doctor could lawfully administer fatal drug to patient — Whether doctor would be assisting suicide if provided patient with fatal drug for own use — Whether Crimes Act consistent with ss 8 and 9 of the NZBORA — New Zealand Bill of Rights Act 1990, ss 6, 8, 9 and 11

Criminal law — Elements of crime — Whether doctor could lawfully administer fatal drug to patient — Whether doctor could accelerate death by causing it to occur sooner than would otherwise have happened — Whether doctor would be assisting suicide if provided patient with fatal drug for own use — Whether doctor knew suicide was contemplated — Whether doctor intended to assist suicide — “Unlawful act” — “Homicide” — “Culpable homicide” — Crimes Act 1961, ss 2, 61, 63, 158, 160, 164 and 179.

Human rights — New Zealand Bill of Rights Act 1990 — Whether patient felt forced to take own life breach of s 8 of NZBORA — Whether inability to bring own suffering to an end breach of s 9 of NZBORA — New Zealand Bill of Rights Act 1990, ss 6, 8, 9 and 11.

Statutes — Interpretation — Whether New Zealand statutory interpretation consistent with comparable jurisdictions — Whether ss 179 and 160 of Crimes Act 1961 consistent with guaranteed rights in ss 8 and 9 of NZBORA — Whether consistent with principles of fundamental justice — Whether purpose of statute achieved — New Zealand Bill of Rights Act 1990, ss 6, 8, 9 and 11.