Judge Says No to Right-to-Die Bid By Lecretia Seales

Lecretia Seales was unsuccessful in seeking a landmark High Court ruling to allow her doctor to help her die without criminal prosecution.

Justice David Collins released his judgment at 3pm which rejected her bid and said only Parliament can give her what she wanted.

"The complex legal, philosophical, moral and clinical issues raised by Ms Seales' proceedings can only be addressed by Parliament passing legislation to amend the effect of the Crimes Act.

"Although Ms Seales has not obtained the outcomes she sought, she has selflessly provided a forum to clarify important aspects of New Zealand law."

Ms Seales died of natural causes at 12.35am this morning, just hours after her family and lawyers received the ruling.

The health of the 42-year-old Wellington lawyer with terminal brain cancer had deteriorated rapidly in the days since her court case last week where she was seeking a declaration that a doctor would not risk prosecution if they were to help her die.

Her legal team, led by Dr Andrew Butler, also argued that denying lawful access to physician assisted death amounted to a breach of Ms Seales's rights and fundamental freedoms under the New Zealand Bill of Rights.

Opposing the bid on behalf of the Crown was Solicitor-General Mike Heron, QC, who told the court the issue was controversial, unethical and not permissible within the law.

"The current law applies to all. Its purpose is to protect the sanctity of life and the vulnerable."

Ms Seales became increasingly paralysed over the past week and was moved into a hospital bed in her home on the weekend. Since then, her husband Matt Vickers and mother Shirley Seales have been caring for Ms Seales supported by Mary Potter Hospice and the Capital & Coast DHB district nursing team.

Her death has been met with many tributes, including the Prime Minister John Key, whom she worked for as a legal adviser.

Regardless of the result of the ruling, Ms Seales previously told the Herald said she would be proud if her court case prompted wider legislative change. "I'm reasonably confident that I won't be able to see it through to the end. But if I can get it started, that would make me happy."

A private member's bill by then Labour MP Maryan Street sat in the ballot box for 18 months before being withdrawn late in 2013 after a lack of support from her colleagues.

The End of Life Choice Bill would have allowed certain New Zealand residents aged 18 or over to have assistance to die, such as those with a terminal disease or physical or mental condition that makes life unbearable.

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