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KMID : 1025620090120010096
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Korean Journal of Medical Ethics
2009 Volume.12 No. 1 p.96 ~ p.106
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A Brief Overview of Advance Medical Directives in New Zealand
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Una Jagose
Jang Wook
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Abstract
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This article provides an overview of the development and current state of advance medical directives in New Zealand. Consistent with other common law countries, New Zealand has long recognized advance directives on the basis of patient autonomy. New Zealand legislation relevant to advance directives includes The Health and Disability Consumers’ Rights Code, The Bill of Rights Act of 1990, and The Protection of Personal and Property Rights Act of 1998. While the New Zealand courts have not yet ruled on advance directives, this article provides some guidance on what their rulings will be on the basis of other judicial decisions both in New Zealand and the UK. In particular, a consensus has emerged in New Zealand concerning the following features of valid advance medical directives: they should be 1) in writing; 2) clear about triggering conditions; 3) precise about what treatment is refused or sought; 4) made in conjunction with a medical advisor; 5) made by a competent patient whose competency has been certified; 6) made under no duress; and 7) made recently.
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KEYWORD
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Advance medical directives, Patient autonomy, Legislative landscape, Court decisions, New Zealand
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